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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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U.S. v. McCalister, No. 09-5101 (4/16/10) (Published) - An unsuccessful applicant under 18 USC § 3582(c)(2) (retroactive guidelines amendment sentence reduction) cannot file a Rule 60(b) motion to set aside the judgment. Civil rules do not apply to § 3582(c)(2) proceedings which are strictly criminal proceedings.U.S. v. Escobedo, No. 08-2019 (4/16/10) (unpub'd) - The 10th rejects the government's argument that the defendant's failure to object to a § 2L1.2 16-level enhancement constituted a waiver of an appellate challenge to that enhancement. Waiver would have occurred only if defense counsel was aware of the basis for challenging the enhancement and decided not to pursue it. So plain error review applies. If there was any error in enhancing for a California kidnapping conviction, it was not obvious enough to be plain...continue to full post

Full post as published by Tenth Circuit Blog on April 20, 2010 (boomark / email).