14 June 2018

10th Circuit vacates career criminal sentence.

by William Gaskill

14 March 2018

10th Circuit rejects challenge to rules concerning marketing of annuities; affirms contempt finding in child labor case; and holds Oklahoma’s forcible sodomy statue is not a violent felony for career criminal sentencing purposes.

by William Gaskill

7 July 2017

10th Circuit holds Oklahoma’s drive by shooting statute is a violent felony for enhanced sentencing purposes.

by William Gaskill

4 January 2017

10th Circuit holds self-incrimination privilege applies at probable cause hearings; affirms rejection of a First Amendment retaliation claim; holds insured settled claim by unconditional acceptance of voluntary payment of amount found by a statutory appraisal panel; holds there is no expectation of privacy in a backpack you throw on another person’s roof; holds Colorado robberies are violent felonies for career criminal sentencing purposes; and reverses a 33 day time served sentence for a robber of two banks as too short; and partially reverses an attorney fee award

by William Gaskill

29 June 2016

The United States Supreme Court strikes down Texas restrictions on abortion doctors; upholds University of Texas’ race conscious admission plan; reminds federal agencies they must explain why they change their views on a statute they enforce; rejects suppression of evidence when an officer discovers there is an arrest warrant out for a person they have illegally stopped; holds decision to initiate review of a patent is not judicially reviewable; rejects extraterritorial private RICO cause of action; holds robbing a marijuana dealer is per se violation the Hobbs Act; concludes violations of Iowa’s burglary statute are not violent felonies for career criminal purposes; approves warrantless breath tests DUI cases; narrowly construes the public corrupt statute and holds reckless domestic violence misdemeanor convictions trigger a lifetime ban on possessing firearms.

by William Gaskill

27 January 2015

10th Circuit holds citizenship of trust is determined by citizenship of its members including beneficiaries, holds statutory rape is not a crime of violence, allows an equal pay case to proceed and approves judicial fact finding in sentencing.

by William Gaskill