The Tenth Circuit on Friday issued two published opinions and eight unpublished opinions.
In United States v. Lewis, the Court affirmed the district court’s sentence. Petitioner pled guilty to several counts involving the distribution of crack cocaine, and was sentenced to 168 months imprisonment. The Court determined that the sentence was neither procedurally nor substantially unreasonable; the sentence was properly calculated within sentencing guidelines and was appropriate given the totality of the circumstances, even though the court failed to vary based on the crack and powder cocaine disparity.
In Teamsters Local Union No. 523 v. Nat’l Labor Relations Board, the Court vacated the Board’s order and remanded for further proceedings, finding that the two-member Board group that issued the original order lacked statutory authority to act.