June 18, 2019

Archives for May 5, 2015

Water Right Quantification, Earned Time for Certain Offenders, and More Bills Signed

On Monday, May 4, 2015, Governor Hickenlooper signed seven bills into law. He signed one more bill on Tuesday, May 5, 2015. To date, the governor has signed 184 bills into law. The bills signed on May 4 and 5 are summarized here.

May 4, 2015

  • HB 15-1239 – Concerning an Exception to the Prohibition Against Paying Postemployment Compensation for the Denver Health and Hospital Authority, by Reps. Beth McCann & Susan Lontine and Sen. Pat Steadman. The bill removes the Denver Health and Hospital Authority from the list of government agencies prohibited from offering post-employment compensation to employees who have been terminated.
  • HB 15-1203 – Concerning Earned Time for Certain Offenders Serving Life Sentences as Habitual Offenders, by Rep. Paul Rosenthal and Sen. Pat Steadman. The bill allows offenders sentenced before July 1, 1993 for crimes committed after July 1, 1985 to accrue earned time.
  • HB 15-1215 – Concerning In-State Tuition Classification for Dependents of Active Duty Military Members who have Attended School in Colorado, by Rep. Kevin Priola and Sen. Michael Johnston. The bill allows an institute of higher education to provide in-state tuition to active duty military members.
  • HB 15-1218 – Concerning Requiring Certain Disclosures by Defense-Initiated Victim Outreach Specialists, by Rep. Rhonda Fields and Sen. Michael Johnston. The bill specifies parameters for defense-initiated victim outreach in cases involving a Class 1 felony.
  • HB 15-1220 – Concerning Response to Sexual Assault on Campuses of Colorado’s Institutions of Higher Education, by Reps. Jessie Danielson & Su Ryden and Sens. John Cooke & Beth Martinez Humenik. The bill requires institutions of higher education to create Memoranda of Understanding with local hospitals to provide sexual assault examinations.
  • HB 15-1136 – Concerning the Number of Disabled Veteran License Plates with the Identifying Figure Authorizing the Use of Parking Privileges that May Be Issued to a Qualified Individual, and, in Connection Therewith, Making an Appropriation, by Rep. Clarice Navarro and Sen. Laura Woods. The bill increases the number of disabled veteran license plates available to two sets of place per veteran.
  • SB 15-183 – Concerning the Quantification of the Historical Consumptive Use of a Water Right, by Sens. Mary Hodge & Jerry Sonnenberg and Reps. Jeni James Arndt & Jon Becker. The bill specifies use periods for a judicial decree of historical consumptive use of a water right.

May 5, 2015

  • SB 15-225 – Concerning the Governance Structure of the State Historical Society, and, in Connection Therewith, Changing the Method of Appointment of a Board of Directors and Creating a Directors Council, by Sens. Chris Holbert & Nancy Todd and Reps. Su Ryden & Lori Saine. The bill changes the procedures for electing members to the board of directors for the Colorado State Historical Society.

For a complete list of Governor Hickenlooper’s 2015 legislative decisions, click here.

Tenth Circuit: Defendant’s Safety Valve Proffer Not Untimely at Resentencing

The Tenth Circuit Court of Appeals issued its opinion in United States v. Figueroa-Labrada on Tuesday, March 24, 2015.

Jesus Figueroa-Labrada (Figueroa) was convicted by a jury of conspiring to distribute methamphetamine, and the district court attributed the entire amount of meth involved in the conspiracy to Figueroa. On direct appeal, the Tenth Circuit remanded for the district court to determine what amount should be attributed to Figueroa, and the district court changed the amount to a quantity carrying a five year mandatory minimum sentence. Before his resentencing hearing, Figueroa argued that he qualified for a “safety valve” sentence reduction under 18 U.S.C. § 3553(f). The government supported his request, but the district court decided that the language of § 3553(f)(5) precluded Figueroa’s use of the safety valve, since he had not been truthful before the original sentencing hearing.

As a matter of first impression, the Tenth Circuit determined that the plain language of § 3553(f) required the district court to consider the defendant’s proffered safety valve information if it was offered before resentencing. In this case, the district court held that because Figueroa had not provided the safety valve information before the initial sentencing hearing, he was not entitled to its use. The Tenth Circuit found the statutory language did not necessitate that the safety valve be invoked before the initial sentencing hearing, but rather before the sentencing hearing at issue.

The Tenth Circuit found that the district court’s error was not harmless and remanded. Judge Phillips dissented, finding instead that the district court considered and rejected Figueroa’s safety valve disclosures as untimely and there was no error.

Tenth Circuit: Unpublished Opinions, 5/5/2015

On Tuesday, May 5, 2015, the Tenth Circuit Court of Appeals issued one published opinion and four unpublished opinions.

Gilyard v. Gibson

Tucker v. Reeve

Darden v. Patton

Kenney v. State of Oklahoma

Case summaries are not provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.