Tag Archives: Sentencing

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

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10th Circuit: Sentence of imprisonment is final judgment although restitution issues remain open

Michelle Paup was convicted in a jury trial in federal magistrate court of theft of government property of less than $1,000 for shoplifting at an exchange store on an air force base in Colorado. She appealed to the district court, … Continue reading

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10th Circuit affirms convictions in the NM Secretary of State scandal, but orders resentencing

Last month, as I reported here, the Tenth Circuit affirmed the tax evasion¬†convictions of Elizabeth Kupfer, who was a participant in the scandal involving the New Mexico Secretary of State’s office, which broke in 2010. Yesterday, it was her husband’s … Continue reading

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Tenth Circuit affirms tax evasion conviction arising out of New Mexico SOS scandal

In 2010 a scandal involving the New Mexico Secretary of State’s office broke into the news. Several consultants for the office — Armando Gutierrez, Joseph Kupfer, and Elizabeth Kupfer — were indicted in federal court for misusing voter education funds … Continue reading

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“Meet the New Mexico judge who sentences more people than any other”

Joe Palazzolo of the Wall Street Journal’s Law Blog has this interesting post about Judge Robert C. Brack, a federal district court judge in Las Cruces, and reports that he has sentenced 6,708 criminal defendants over the past five years, … Continue reading

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Tenth Circuit: College Edition!

Just as the Jeopardy! gameshow has an annual College Championship, so too our federal appellate courts apparently have special days when they issue opinions addressing events on our nation’s college campuses. Last Monday, December 23, 2013, was one of those … Continue reading

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