11 April 2018

10th Circuit holds defendants can bring multiple motions to reduce sentence under a single guideline amendment; affirms exclusion of expert testimony; and reverses an excessive force qualified immunity judgment in part.

by William Gaskill

20 June 2017

10th Circuit rejects government effort to increase sentence in kidnapping case; affirms qualified immunity grant to officers who ordered woman to stop praying; rejects effort for further sentence reduction; holds claim preclusion bars truth in lending claim.

by William Gaskill

28 April 2017

10th Circuit affirms denial of reduced sentence motion; holds suit against a bankruptcy trustee and their attorneys require leave of court; affirms attempted child exploitation conviction and sentence; rejects claim of prosecutorial vindictiveness; rejects argument that district courts must provide an explanation of why a motion to reduce sentence was granted; affirms dismissal with prejudice of claims based on violations of a predecessor in interest’s rights; finds jurisdiction to consider sentence reduction motion where plea agreement set out a guideline range; affirms an Indian tribe trust fund accounting order; affirms arbitration compulsion order; and rejects considered as disabled claim.

by William Gaskill

23 February 2017

10th Circuit holds Wind River Reservation diminished under 1905 statute and rejects motion for reduced sentence.

by William Gaskill

16 November 2016

10th Circuit upholds grant of qualified immunity in lethal injection case; upholds grant of qualified immunity in excessive force case; grants qualified immunity to sheriff but not deputy in inmate on inmate violence case; holds no jurisdiction exists in an administrative whistleblower case; affirms dismissal of motion to reduce sentence; reverses summary judgment to insurer in unreasonable insurance claim handling case; and affirmed a tax evasion conviction.

by William Gaskill

14 November 2016

10th Circuit upholds waiver of right to seek sentence reduction.

by William Gaskill

25 October 2016

10th Circuit affirms denial of reduced sentence motion; rejects challenge to defense verdict in IP case; holds New Mexico aggravated assault convictions are crimes of violence for guidelines purposes; and remands probation revocation case for resentencing.

by William Gaskill

14 August 2016

10th Circuit upholds amended finding of no environmental impact in a conservation plan; reverses grant of motion to reduce sentence; affirms an enhanced sentence; and denies en banc review in case involving qualified immunity for a 911 operator.

by William Gaskill

3 June 2016

10th Circuit holds there is no requirement to address all arguments made in motion to reduce a federal sentence and holds individual legislators lack standing to challenge initiative diminishing legislature’s power to increase taxes.

by William Gaskill

29 March 2016

10th Circuit orders new trail when district court fails to perform gatekeeping duty as to an expert witness and rejects ex post facto claim where guidelines amendment limit reductions of sentences but do not actually increase the sentence.

by William Gaskill

12 November 2014

10th Circuit issues two opinions involving criminal sentencing.

by William Gaskill

28 October 2014

10th Circuit holds government ignorance of proper procedure to move to reduce sentence cannot overcome lack of jurisdiction and revives suit for wrongful maligning of fired municipal employee.

by William Gaskill