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Criminal Law
: Tenth Circuit BlogUnpublished Decisions
By Shari Allison
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U.S. v. Holcomb, 2010 WL 1242805 (4/1/10) (unpub'd) - The 2255 movant's claim that Begay required a different interpretation of the guidelines than was made at the time of his sentencing alleged only a non-constitutional error, (while a Chambers claim that the ACCA was wrongly applied to increase the maximum sentence was a constitutional due process claim). The movant was therefore not entitled to a certificate of appealability.U.S. v. Wright, 2010 WL 1172606 (3/29/10) (unpub'd) - The 10th finds no abuse of discretion when the district court refused to consider the defendant's pro se letter complaining about the sentence because the defendant was represented by an attorney. Consequently, the defendant's protesting letter did not constitute a notice of appeal...continue to full postFull post as published by Tenth Circuit Blog on April 06, 2010 (boomark / email).
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