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Unpublished Decisions

By Shari Allison

U.S. v. Olvera-Rivera, 2011 Wl 550086 (2/16/11) (Kan.) (unpub'd) - It was okay to enhance under § 2D1.1(b)(1) for possession of a firearm during the drug offense where the firearm was brought by the drug customer of the defendant. It was reasonably foreseeable that a drug customer would arrive at a scheduled transaction armed with a gun.U.S. v. Parker, 2011 WL 573448 (2/18/11) (Colo.) (unpub'd) - Upward variance from 20 to 30 years was okay where the d. ct. thought it aggravating that the defendant had a loving and supportive family, but turned to drugs, and her crime was "particularly repugnant." While working as a nurse in a hospital, the defendant, knowing she had hepatitis C, removed from operating room carts syringes containing Fenatnyl [which is a controlled substance that is a lot more powerful than morphine], refilled the syringes with saline and then returned the syringes to the carts...continue to full post

Full post as published by Tenth Circuit Blog on February 24, 2011 (boomark / email).