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Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis

Loaded on Feb. 15, 2022 by Douglas Ankney published in Criminal Legal News March, 2022, page 37
Filed under: Drug Quantity, Simple Possession/Personal Use versus Distribution, Relevant Conduct. Location: Colorado.

by Douglas Ankney 

In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting framework of United States v. Asch, 207 F.3d 1238 (10th Cir. 2000), in announcing that (1) personal-use drug quantity doesn’t constitute “relevant conduct” under Guidelines § 1B1.3(a) for ...

 

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  2. Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
  3. ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
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  14. Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
  15. Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
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  19. Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
  20. Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
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