Legal Opinion · Concurring in part, dissenting in part

United States v. Lang

Court of Appeals for the Tenth Circuit

Decided April 21, 2004No. 02-4075, 02-4091, 02-4103, 02-4128Published

1Concurring in part, dissenting in partMurphy, Circuit Judge

I. INTRODUCTION

I join all portions, of the majority opinion, with the exception of sections II.C.l (addressing the calculation of Shari Lang’s base offense) and II.C.2 (addressing Lang’s conviction for violating 18 U.S.C. § 2071(a)). As to those two specific sections of the majority opinion, I respectfully dissent.

With regard to Lang’s § 2071(a) conviction, the majority concludes that her removal of a photocopy of a sealed affidavit from the district court clerk’s office constitutes a violation of § 2071(a). See Majority Op. at 1221-22. Lang’s conduct, however, does not fall within the…

2Cases cited19 opinions

  1. United States v. BassSupreme Court of the United States · 1971
  2. Coplon v. United States (Two Cases)Court of Appeals for the D.C. Circuit · 1951
  3. United States v. MoylanCourt of Appeals for the Fourth Circuit · 1969
  4. United States v. Caesar Bottone, Seymour Salb, and Nathan SharffCourt of Appeals for the Second Circuit · 1966
  5. United States v. Danny R. WartersCourt of Appeals for the Fifth Circuit · 1989

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