Summaries of Selected Opinions, 0320 COBJ, Vol. 49, No. 3 Pg. 77
| Position | Vol. 49, 3 [Page 77] |
U.S. COURT OF APPEALS FOR THE TENTH CIRCUIT
No. 18-1449. United States v. Rodriguez. 12/23/2019. D.Colo. Judge McHugh. Supervised Release Violation—U.S. Sentencing Guidelines— Past Drug Convictions—Alternative Ground for Decision.
Defendant was arrested for violating his supervised release. At his sentencing, he admitted to possession and use of a controlled substance. Over defendant’s objection, the district court determined that his conduct constituted possession of cocaine under Colorado law, an offense punishable by more than one year’s imprisonment, and was therefore a Grade B violation of his supervised release conditions. The court sentenced defendant to 21 months’ imprisonment, which was the government’s recommended sentence at the low end of the Grade B range.
On appeal, defendant argued that the district court misapplied Colorado law when it determined the grade of his offense under the U.S. Sentencing Guidelines because it wrongly determined that his conduct was punishable by a term of imprisonment exceeding one year under Colorado law. Rather than resolving the proper application of Colorado law, the Tenth Circuit exercised its discretion to a firm on the alternative ground that defendant’s conduct was punishable for more than one year under federal law. The Tenth Circuit held, for the frost time in a published opinion, that a district court may consider recidivist enhancements based on a supervisee’s prior criminal offenses when determining the grade of a supervised release violation.
The sentence was affirmed.
No. 19-7006. United States v. Mendenhall. 12/23/2019. E.D.Okla. Judge Tymkovich. Restitution Order—Offense of Conviction—Plain Error—Mandatory Victims Restitution Act.
A pawn shop was burglarized, and an inventory showed that 62 firearms were among the stolen property. Tough evidence suggested defendant committed the burglary, he was instead charged with knowingly possessing, receiving, and concealing a stolen firearm. The indictment stated this violation occurred with respect to three firearms that were recovered and returned to the pawn shop.
Defendant pleaded guilty to knowingly possessing and concealing the firearms listed in the indictment. The presentence investigation report (PSR) calculated the advisory sentencing range by incorporating upward...
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