November 22, 2017

Archives for March 7, 2012

Tenth Circuit: Sixteen-Level Sentence Enhancement Appropriate Because Underlying Offenses Were Crimes of Violence

On Wednesday, March 7, 2012, the Tenth Circuit Court of Appeals issued its opinion in United States v. Antonio-Agusta.

Jose Antonio-Agusta appealed the district court’s application of U.S.S.G. § 2L1.2(b)(1)(A)(ii)’s sixteen-level sentence enhancement in calculating his sentence. He argued the district court erred in relying on the indictment underlying his prior Arizona convictions of aggravated assault to conclude those convictions constituted felony crimes of violence, warranting the enhancement.

The 10th Circuit held the district court did not err, because the indictment was incorporated by reference in the judgment and is therefore reliable evidence of the elements of defendant’s prior aggravated assault convictions. Further, the indictment (as amended by the plea agreement) and judgment made clear Antonio-Agusta was convicted under parts of Arizona’s aggravated assault statutes that constitute crimes of violence.

Affirmed.

HB 12-1211: Requiring Title Insurance Companies Doing Business in Colorado to Maintain a Colorado Office with Employees

On January 30, 2012, Rep. Matt Jones and Sen. Jeanne Nicholson introduced HB 12-1211 – Concerning the Requirement That a Title Insurance Agent Doing Business in This State Maintain an Office Within This State That is Staffed By the Designated Responsible Producer. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires a title insurance agent doing business in this state to maintain a physical office within this state for its employees, including the designated responsible insurance producer. An attorney who is licensed to practice law in Colorado and who is a licensed title insurance agent is exempt from the requirement. The bill is assigned to the State, Veterans, & Military Affairs Committee; it has not been called up on the committee calendar.

Summaries of other featured bills can be found here.

HB 12-1210: Allowing a Person Who Holds a Professional License in Another State to Practice in Colorado

On January 30, 2012, Rep. Don Beezley and Sen. Cheri Jahn introduced HB 12-1210 – Concerning the Recognition of Professionals in Good Standing from Other States to Practice in Colorado. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill allows a person with a currently valid license, certificate, or registration (licensed, certificated or registered under 24-34-102 Division of Registrations) in good standing from another state to practice his or her profession in this state for up to nine months before the person has to meet the licensing, certification, or registration requirements in Colorado. For the person to be eligible to practice in this state, he or she shall have no other basis for disqualification from practice other than the lack of a license, certificate, or registration and shall apply for a license, certificate, or registration within 30 days after engaging in practice in Colorado. The bill prohibits a person from exceeding the scope of practice of this state and the state in which the license, certificate, or registration was issued. If a license, certificate, or registration is denied because education requirements are not met, the applicant is allowed up to one year to meet the requirements. The professional practicing in this state is required to disclose his or her license in writing in advance to any client or customer. Optometrists, physicians, and physician assistants are exempt from the bill. The bill passed 3rd and final reading in the House on February 29 and has been assigned to the Senate Health and Human Services Committee.

Summaries of other featured bills can be found here.

HB 12-1209: Adoption of Uniform Electronic Legal Material Act

On January 30, 2012, Rep. Bob Gardner and Sen. Morgan Carroll introduced HB 12-1209 – Concerning the Rates Charged to Consumers for Electricity, and, in Connection Therewith, Prohibiting the Imputation of Certain Costs Associated with Reductions in Greenhouse Gas Emissions. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill enacts the “Uniform Electronic Legal Material Act” drafted by the national conference of commissioners on uniform state laws. “Legal material” is defined to mean the constitution of this state, the session laws of Colorado, the Colorado Revised Statutes, and a state agency rule. If legal material is only published electronically, the official publisher is required to designate the record as official, but if it is published in another format, the publisher may make such designation. In either case, if electronic legal material is designated as official, the publisher is required to meet requirements related to the authentication and preservation of the electronic record and the availability of the preserved electronic record.

Electronic legal material in an electronic record that is authenticated by the official publisher is presumed to be an accurate copy of the legal material. This presumption applies to electronic legal material from states that have adopted a law that is substantially similar to the act. The bill requires the official comments issued by the commissioners to be published with the act. On February 23, the Judiciary Committee approved the bill and moved it to the Appropriations Committee for consideration of any fiscal impact on the state.

Summaries of other featured bills can be found here.

HB 12-1206: Extending Sunset Repeal of Cold Case Task Force and Adding Forensic Pathologist to Task Force

On January 30, 2012, Rep. Cindy Acree and Sen. John Morse introduced HB 12-1206 – Concerning the Implementation of Sunset Review of the Cold Case Task Force. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Sunset Review Process

In 2007, the general assembly created the cold case task force and put a sunset date of July 1, 2012, on the task force. The cold case task force sunset date is extended to September 1, 2019. A forensic pathologist is added to the task force membership. The governor will appoint the forensic pathologist to the task force, and the appointee will serve a 3-year term. On February 28 the House approved the bill on 3rd Reading; the bill is assigned to the Judiciary Committee in the Senate.

Summaries of other featured bills can be found here.

HB 12-1177: Establishing a Grant to Fund Home Care Allowance for Certain Individuals Who Lost These Benefits on January 1, 2012

On January 24, 2012, Rep. Cheri Gerou and Sen. Mary Hodge introduced HB 12-1177 – Concerning a Grant Program to Provide Home Care Allowance Benefits to Certain Eligible Individuals, and, In Connection Therewith, Making and Reducing Appropriations. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Joint Budget Committee bill

Effective January 1, 2012, persons were prohibited from receiving both home care allowance benefits and benefits under a home- and community-based waiver. The bill establishes a new grant program in the department of human services to provide to certain individuals with developmental disabilities receiving benefits under either the home- and community-based supported living services or the children’s extensive support waiver a home care allowance benefit consistent with benefits received by persons under the home care allowance program. The grants may be made retroactive to January 1, 2012. The bill authorizes the state board of human services to adopt rules to implement the program.

The bill directs the department to submit a written report to certain committees of the general assembly on the program and to solicit feedback from individuals receiving grants under the program and from their families. The program is repealed, effective July 1, 2017, unless extended by the general assembly. The bill reduces the appropriation for home health care and appropriates the same amount for the new grant program. With amendments, the bill has cleared both houses; the bill currently sits on the House Calendar awaiting consideration of the Senate amendments to the bill.

Summaries of other featured bills can be found here.

HB 12-1175: Colorado Agencies Bound by Federal Law Encouraged to Seek Waiver of Federal Law and Instead Promulgate Colorado Laws

On January 20, 2012, Rep. Amy Stephens and Sen. Bill Cadman introduced HB 12-1175 – Concerning the Encouragement of a State Agency to Pursue Colorado-Specific Solutions in Lieu of Federal Regulation Whenever Possible, and, in Connection Therewith, Requiring a State Agency to Report Annually Regarding Opportunities for Waiver from Newly Adopted Federal Regulations. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill encourages a Colorado state agency that is potentially impacted by, subject to, or charged with administering federal rules and regulations that expressly allow a state to opt out of the regulations to seek the waiver. An agency is required to report annually to the general assembly regarding the agency’s opportunities for and attempts at obtaining such waivers. On February 28, the bill cleared the Economic and Business Development Committee and is now awaiting action on 2nd Reading on the House floor.

Since this summary, the bill passed the Second Reading and was laid over daily for the Third Reading in the House.

Summaries of other featured bills can be found here.

Tenth Circuit: Unpublished Opinions, 3/7/12

On Wednesday, March 7, 2012, the Tenth Circuit Court of Appeals issued one published opinions and seven unpublished opinions.

Unpublished

United States v. Hunter

Smith v. Franklin

Bussell v. Astrue

Bjorklund v. Miller

Mwangi v. Terry

Gregor v. Franklin

United States v. Hunter

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.