Legal Opinion

United States v. Ko

Court of Appeals for the Tenth Circuit

Decided January 3, 2014No. 13-3064PublishedCited by 20 opinions

1Opinion of the Court

KELLY, Circuit Judge.

The government appeals from a district court order dismissing a superseding indictment against Defendant-Appellee Michael Ko. Mr. Ko was subject to home confinement; the indictment charged him with escape under 18 U.S.C. § 751(a) for failing to return to his residence. Our jurisdiction arises under 18 U.S.C. § 3731, and we reverse.

Background

In 2009, Mr. Ko was sentenced to sixty months’ imprisonment for a federal conviction of conspiracy to distribute methamphetamine. Mr. Ko was committed to the custody of the Federal Bureau of Prisons (“BOP”) and served most of his…

2Cases cited9 opinions

  1. United States v. WilsonSupreme Court of the United States · 1992
  2. Watt v. AlaskaSupreme Court of the United States · 1981
  3. Muscarello v. United StatesSupreme Court of the United States · 1998
  4. Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
  5. United States v. HustedCourt of Appeals for the Tenth Circuit · 2008

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3Cited by20 opinions

  1. United States v. James SaundersCourt of Appeals for the Seventh Circuit · 2021
  2. Western Watersheds Project v. MichaelCourt of Appeals for the Tenth Circuit · 2017
  3. United States v. Lopez-PastranaCourt of Appeals for the First Circuit · 2018
  4. United States v. Figueroa-LabradaCourt of Appeals for the Tenth Circuit · 2015
  5. United States v. FosterCourt of Appeals for the Tenth Circuit · 2014

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