sentencing
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10th Circuit rejects defendant’s theory for re-sentencing probation violators
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The Denver-based federal appeals court rejected a defendant’s theory for re-sentencing people who violate the terms of their probation last month, with one judge defending his precedent-setting framework from possible full-court review. At the same time, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit agreed the trial judge who sentenced…
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Ethics panel clarifies municipal judges’ use of info from prosecutors OK
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The Colorado Supreme Court’s ethics panel clarified on Tuesday that municipal judges are permitted to receive police reports, accident reports, drivers’ histories and criminal histories directly from prosecutors without it amounting to misconduct. The Colorado Judicial Ethics Advisory Board, which consists of judges, lawyers and a non-attorney, reasoned that state law permits or requires judges…
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10th Circuit finds judge erred in imposing sex offender treatment for man’s bank robbery conviction
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The Denver-based federal appeals court concluded on Friday that a judge imposed sex offender treatment for a defendant’s attempted bank robbery conviction in violation of federal sentencing rules. James Robert Clark is serving 78 months in prison for an attempted December 2023 bank robbery in Commerce City. He will also serve two years of supervised…
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Appeals court reminds judges to advise defendants of rights prior to virtual sentencings
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Colorado’s second-highest court reminded trial judges on Thursday that they must advise criminal defendants of their right to appear in person before imposing a sentence virtually. A Boulder County jury convicted Levi Valles in November 2022 of multiple offenses, but Valles experienced a severe medical emergency prior to sentencing. Consequently, he was unable to appear…
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Appeals court rules harsher sentence after appeal does not mean judge was ‘vindictive’
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Colorado’s second-highest court ruled last week that a Jefferson County judge subjected a man to a harsher sentence following a successful appeal because the parole eligibility date was pushed back by multiple years, but that fact alone did not mean the judge acted “vindictively.” In 2015, the state Supreme Court noted that when a criminal…
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Sentencing practices, jury pet peeves and more: Federal judges give peek behind the curtain
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At a gathering of federal judges and attorneys last week, one member of the bench disclosed that she has instituted a new practice of meeting with criminal defendants after they finish their incarceration to discuss their plans for success on supervised release. “It’s not an interview, it’s a dialogue,” said U.S. District Court Judge Charlotte…
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Colorado Supreme Court tiptoes around prior edict forbidding prison plus probation
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Five years ago, the Colorado Supreme Court interpreted state law to prohibit judges from imposing a sentence of prison plus probation in a single criminal case. But on Wednesday, the justices appeared to endorse the idea that judges could resentence affected defendants in a fashion that preserves the same — illegal — punishment. In its 2019 decision…
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Colorado justices skeptical of opening door to resentencing defendants under ‘3 strikes’ law
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Members of the Colorado Supreme Court gave an icy reception on Tuesday to the idea that defendants convicted decades ago and serving lengthy sentences under the state’s “three strikes” law should have the opportunity to argue their punishments are grossly disproportionate under current standards. Although Colorado’s Habitual Criminal Act has undergone changes since its enactment…
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‘There’s a different weight that I feel’: Kato Crews speaks about first 6 months as federal district judge
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When President Joe Biden appointed S. Kato Crews as a federal trial judge in January, Crews was no stranger to Colorado’s U.S. District Court. He had served as a magistrate judge on the same court for more than five years. On Wednesday, Crews told an audience of attorneys at the Alfred A. Arraj U.S. Courthouse…
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10th Circuit finds trial judge erred in sentencing duo who fraudulently sold body parts
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A trial judge incorrectly calculated the sentences of a mother and daughter who pleaded guilty to fraudulently obtaining and selling body parts as part of an eight-year scheme, the federal appeals court based in Denver ruled on Tuesday. Megan Hess operated Sunset Mesa Funeral Directors in Montrose, catering to customers seeking cremation as well as medical-research…
