August 22, 2019

Tenth Circuit: Opinions, 6/14/10

The Tenth Circuit on Monday issued two published opinions and six unpublished opinions.

Published

In United States v. Corrales, the Court affirmed the district court’s conviction of Petitioner for possession of cocaine with intent to distribute. The Court determined that the district court did not err in its jury instructions; Petitioner’s contention that the jury should not have been instructed that it could find the knowledge element of his offenses by finding deliberate ignorance is insufficient in light of the evidence to support a jury finding that he had actual knowledge of the presence of cocaine. Additionally, the district court did not violate his rights under the Confrontation Clause by restricting his cross-examination of his accomplice.

In United States v. Silva, the Court affirmed the district court’s determination that Petitioner’s prior convictions for burglary and aggravated assault qualify as violent felonies under the Armed Career Criminal Act. As to the burglary conviction, the “building or other structure” element includes the unauthorized entry of a shed, which by its very nature is an enclosed space. As to the aggravated assault conviction, threatening or engaging in menacing conduct toward a victim, with a potentially deadly weapon, threatens the use of violent force; it communicates to the victim an intent to use such force in the near future and the conduct always has the potential to lead to violent force.

Unpublished

Wideman v. State of Colorado

Wideman v. Garcia

United States v. Calvillo-Ribera

United States v. Henderson

United States v. Archuleta

Silver v. Brown

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