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By Shari Allison

Several 10th Cir. decisions, all but one published and a couple that are quite important:U.S. v. Rivera-Oros, 2009 WL 5102789 (12/29/09) (Published) - The 10th holds that a burglary of a dwelling under the USSG § 2L1.2 definition of crime of violence [and impliedly under the career offender guidelines] includes movable dwellings. While making it clear "structures" under Taylor include more than just "buildings," which arguably must be permanent, the 10th holds the Taylor definition of structure, which excludes, for example, tents, does not limit the definition of "dwelling" in the guidelines. The question is the intent of the Sentencing Commission, not the intent of Congress, as was the question in Taylor. The Commission focused on the severity of the particular burglary and it is dangerous and psychologically harmful when someone enters a place where people are living, even if the place is movable...continue to full post

Full post as published by Tenth Circuit Blog on January 02, 2010 (boomark / email).