Tag Archives: Judge Monroe McKay

CA10: Affirmative withdrawal of challenge to presentence report is a waiver

Defendant, Brice Ashton Carter, was convicted of possessing a firearm as a felon. A confidential informant told federal agents that Carter had used two firearms as payment for some methamphetamine. Relying on the informant’s statements, the presentence investigation report applied … Continue reading

Posted in Opinions and Analysis, Preservation of Error, Tenth Circuit | Tagged , , , , | Leave a comment

CA10: Violence in El Salvador is not, by itself, a basis for asylum

Several years ago, Santos Raul Escobar-Hernandez was attacked by a man named Nelson in El Salvador over some political graffiti near his house, and attacked again even after he removed it. His application for asylum in the United States was … Continue reading

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , , | Leave a comment

10th Circuit: Prisoner who was victim of unprovoked assault by Denver sheriff’s deputy failed to allege Section 1983 municipal liability claim

Anthony Waller, a criminal defendant, was at a hearing in a courtroom inside the Denver city jail. He politely and calmly addressed the judge about his disagreement with the State’s case against him. Suddenly, a deputy sheriff spun Mr. Waller … Continue reading

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , , | Leave a comment

Tenth Circuit says woman’s statements may constitute “true threats” against abortion doctor

In United States v. Dillard, the Tenth Circuit has reversed the dismissal of a civil enforcement action under the Freedom of Access to Clinic Entrances Act, which prohibits (among other things) using threats of force to interfere with abortion clinics. Angel Dillard, … Continue reading

Posted in Opinions and Analysis, Tenth Circuit | Tagged , , , , | Leave a comment