judge gregory phillips
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10th Circuit finds El Paso County land-use code discriminates against disabled residents
El Paso County’s land-use code violated federal housing law by placing discriminatory caps on group-living facilities for people recovering from drug addiction, the federal appeals court based in Denver ruled on Tuesday. A three-judge panel of the U.S. Court of Appeals for the 10th Circuit concluded the county provided no valid justification for treating rehabilitation…
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10th Circuit upholds validity of federal sentencing recommendations
When Congress created the U.S. Sentencing Commission in 1984, it intended to reduce disparities in criminal sentencing at the federal level by developing a set of guidelines, which trial judges now reference during sentencing. However, the guidelines are also accompanied by commentary – notes that clarify and expand upon the meaning of the guidelines. In recent…
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10th Circuit upholds Colorado Springs police’s gun search after second look at case
Two years after ruling that Colorado Springs police used an unconstitutional search warrant to recover illegally owned guns from a man’s property, the federal appeals court based in Denver has conceded the officers nonetheless acted in good faith. The decision means the key evidence of a crime – the guns themselves – did not need to be…