Reference
  • Supreme Court
  • Home
  • Slip Opinions
  • Docket
  • Tenth Circuit
  • Home
  • Opinions (10th Cir.)
  • Opinions (Washburn Univ.)
  • Tenth Circuit and Fed. Rules Appellate Procedure
  • Docket via PACER Log-in
  • Register for PACER
  • Oral Argument Calendar
  • Related Sites
  • Federal Court Links
  • U.S. Sentencing Commission
  • Admin Office U.S. Courts
  • PACER Service Center
  • U.S. Code via LII
  • Code Federal Regs via LII
  • Federal Rules Crim Procedure via LII
  • Federal Rules of Evidence via LII
  • U.S. Sentencing Guidelines
  • GPO Access
  • Thomas U.S. Congress
  • Federal Criminal Jury Instructions
  • Oklahoma Public Legal Research System
Other Useful Links
  • How Appealing
  • SCOTUS Blog
  • Jurist
  • Scribes
  • Legal Writing Institute
  • Wayne Schiess's
    legal-writing blog
  • Legal Writing Prof Blog
  • Legal Research & Writing
  • Council of Appellate
    Staff Attys
  • Second Opinions
    (2nd Circuit)
  • Sixth Circuit Law
    (6th Circuit)
  • Criminal Appeal
    (9th Circuit)
  • Rocky Mtn Appellate Blog
    (10th Circuit)
  • Abstract Appeal
    (11th Circuit)
  • Sentencing Law & Policy
  • On Appeal
  • Inter-Alia
    (Legal Research)
  • Appellate Law & Practice
  • Jim Calloway's Law Practice Tips
  • LegalWikiPro
  • Space Law Station
  • Space Law Probe
  • New Mexico Labor & Employment Law
  • Bag and Baggage
  • Terra Extraneus
  • The Rocket Docket

Navigate

  • Home
  • Author's Profile
  • Contact

Notice

    January 5, 2009.
    I'm back after a long absence from blogging. In the next few days I will be posting new summaries. Unfortunately, there will be a gap in coverage between June 26th and December 31st, 2008.
    - Russ

Public Service


Cost of the War in Iraq
(JavaScript Error)
To see more details, click here.

Visit

  • The liberal alternative to Drudge.
  • SomaFM independent internet radio

Credits

  • Powered by Blogger

  • Site Meter

Tuesday, May 12, 2009

Federal sentence is not reduced if crime committed while on probation for state conviction, but probation period is shortened nunc pro tunc

SENTENCING
United States v. Pech-Aboytes,
No. 08-4124, ___ F.3d ___ (10th Cir. Apr. 17, 2009)(Utah).

Appeal of sentence for possession of methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1).

HELD: District court properly concluded that defendant was ineligible for safety valve sentence reduction under 18 U.S.C. § 3553(f) and USSG § 5C1.2. If defendant commits federal offense while serving probation for state conviction, but obtains after-the-fact nunc pro tunc correction to sentence in state court in which probation period is terminated before commission of federal offense, defendant is nevertheless deemed to have committed federal offense while on probation for state crime and therefore does not qualify for safety valve sentencing relief if basis for nunc pro tunc shortening of state probation period is unrelated to innocence or error of law.

Read the opinion here.

posted by Russ at 8:06 AM


Comments on "Federal sentence is not reduced if crime committed while on probation for state conviction, but probation period is shortened nunc pro tunc"

 

post a comment