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Criminal Law

: Tenth Circuit Blog

Unpublished Decisions

By Shari Allison

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U.S. v. Liner, 2010 WL 517640 (2/12/10) (unpub'd) - Troubling comment: "We find the defendant's arguments that his sentence was manifestly substantively unreasonable to be so wholly without merit that we are compelled to remind defense counsel of his ethical obligation not to present frivolous arguments to this court."U.S. v. Requejo, 2010 WL 446997 (2/10/10) (unpub'd) - The district court's error in not making the proper perjury findings to justify an obstruction-of-justice enhancement was harmless because the court sentenced below what the guideline range would have been if no such enhancement had been applied. Nothing in the record suggested the court would have imposed a lower sentence had it not applied the enhancement [thus, in effect, switching the burden regarding harmlessness to the defendant]...continue to full post

Full post as published by Tenth Circuit Blog on February 18, 2010 (boomark / email).

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