Direct Appeal
Direct Appeal has summaries of recent criminal appellate decisions by the 10th U.S. Circuit Court of Appeals based in Denver.
Author: Author Russell Wheeler is an attorney in Oklahoma City with an interest in appellate matters.
Blawg Related Categories: Appellate Practice • Criminal Justice • 10th Circuit Court
Recent Posts from Direct Appeal
- Disparate sentences among co-defendants are permissible when disparities are explainable by facts on record
- Eighteen month sentence for possession of child pornography is reasonable under defendant’s unique circumstances
- Judge may call and question witness at sentencing hearing to inquire into sentence enhancement facts even without request by either party
- Oklahoma DUI conviction is not crime of violence for sentence enhancement purposes under sentencing guidelines
- District court erred by not considering minimal amount of force used by defendant in committing sex abuse offenses
- Defendant’s substantial assistance to government is only factor that may justify sentence below mandatory minimum
- Conviction under UCMJ’s catchall provision for discreditable conduct cannot serve as sentence enhancer for federal child pornography conviction
- District court erred by imposing occupational restriction as condition of supervised release
- Search of cab of tractor-trailer rig based on drug dog alert was valid search because it was independent of earlier unlawful search of trailer
- Defendant’s unsuccessful attempts to plead guilty to less than all counts charged do not justify sentence adjustment for acceptance of responsibility