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Unpublished Decisions

By Shari Allison

U.S. v. Jimenez, 2009 WL 1927370 (7/7/09) (unpub'd) - The contention that officers were not lawfully in a particular place from which they saw incriminating stuff in plain view could not be raised by the defendant who did not have a legitimate expectation of privacy in the place the officers invaded. Consequently, the defendant could not contest the legality of the officers' protective sweep of a home which the defendant only visited to conduct his drug business.U.S. v. Garton, 2009 WL 1927400 (7/7/09) (unpub'd) - The 10th indicated the government probably violated a felon-in-possession plea agreement promise not to seek charges against the defendant for any additional offenses arising out of the circumstances of that case when it later introduced evidence of the felon-in-possession incident during a trial resulting in the defendant's conviction for a drug conspiracy and carrying a firearm in relation to the drug conspiracy...continue to full post

Full post as published by Tenth Circuit Blog on July 17, 2009 (boomark / email).