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Unpublished but Interesting Decisions

By Shari Allison

U.S. v. Delgado, 2008 WL 647512 (3/10/08) (unpub'd) - The defendant fails the fourth prong of the plain error test where the district court post-Booker, stated: "the 10th has told sentencing judges they are normally to abide by the guideline ranges except for extraordinary circumstances" and defense counsel failed to object to this obvious misconception of Booker. "Objective consideration of the § 3553(a) factors did not warrant a departure from the guideline range" so as to satisfy the fourth prong.Burgess v. Houseman, 2008 WL 647522 (3/10/08) (unpub'd) - The plaintiff pleaded facts that established Fourth Amendment and due process violations where she alleged social workers detained her child and kept the child from her custody, without a hearing, after child abuse allegations against the child's father, but none against the plaintiff mother...continue to full post

Full post as published by Tenth Circuit Blog on March 19, 2008 (boomark / email).