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By Shari Allison

UnpublishedUS v. Ellis, No. 09-4006, 10/29/09 - 1) 2-level enhancement of felon in possession sentence because district court found that firearm was stolen appropriate where district court said nothing to indicate that it considered guidelines mandatory, hence no Booker violation; in any event, defendant admitted gun was stolen, and there is no scienter requirement that he be subjectively aware of that fact. 2) government did not breach plea agreement that it would recommend bottom end guidelines sentence where district court imposed top end sentence; government acknowledged its agreement in sentencing memo and remained silent at sentencing. US v. Hernandez, No. 08-8076, 10/29/09 - sentence in dug conspiracy case based in part on a valid prior conviction was procedurally reasonable, where defendant asked district court to simply ignore the conviction but did not request a downward variance; court therefore had no duty to explain why it did not vary downward.continue to full post

Full post as published by Tenth Circuit Blog on October 30, 2009 (boomark / email).