Sunday, December 29, 2019

Tenth Circuit Breviaries

Last week at the Tenth Circuit:

Fourth Amendment

In case you were wondering, "an officer's gratuitous use of excessive force [here, a "rough ride" to the police station] against a fully compliant, restrained, and non-threatening misdemeanant arrestee is unreasonable---and therefore violates the Fourth Amendment." McCowan v. Morales (affirming district court's denial of qualified immunity).

USSG 4B1.2(b) career-offender drug predicate

In United States v. Faulkner, the Tenth Circuit held that the Oklahoma crime of endeavoring to manufacture a controlled substance "sweeps more broadly than the generic definition of attempt," and it was error for the district court to treat this crime as a career-offender predicate.

Unfortunately for Mr. Faulkner, his lawyer did not object to this error at sentencing. And thus he lost his appellate bid for resentencing because while the district court erred, the error was not plain.

18 U.S.C. 3663A restitution

A district court may not order restitution for losses related to, but not arising directly from, the defendant's offense(s) of conviction. And thus the defendant convicted of possessing/receiving/concealing 3 stolen firearms in United States v. Mendenhall could not be ordered to pay restitution to a pawn shop for losses related to his theft of dozens of other firearms.

Supervised release: grading violations under USSG 7B1.1

Want to know more about how violations of state law are graded in federal supervised-release-violation proceedings? Read United States v. Rodriguez.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.