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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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U.S. v. Cano, 2012 WL 1010330 (3/27/12) (Wyo.) (unpub'd) - The 10th denies appellate counsel's request to withdraw under Anders because the government conceded the d. ct. applied the wrong guideline range based on an un-noticed misreading of the guideline sentencing table [offense level 21 and criminal history II is 41-51 months, not 51-63]. But the 10th rejects the defendant's other claims he raised pro se, even though an attorney never argued on behalf of those issues. U.S. v. Viera, 2012 WL 1021923 (3/28/12) (Kan.) (unpub'd) - A plea agreement waiver of the right to pursue § 2255 relief waives the right to an IA claim that counsel failed to pursue an appeal, despite the defendant's request that counsel do so. Thus, the 10th's decision in U...continue to full post

Full post as published by Tenth Circuit Blog on April 05, 2012 (boomark / email).

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