Legal Opinion

United States v. Kutz

Court of Appeals for the Tenth Circuit

Decided June 28, 2017No. 16-6266UnpublishedCited by 3 opinions

1Opinion of the Court

ORDER AND JUDGMENT *

Mary Beck Briscoe, Circuit Judge

The sole issue raised by Eric Stanton Kutz, following his resentencing, is whether the district 'court's determination that he is a “career offender” under § 4B1.1 of the United States Sentencing Guidelines (hereinafter, “Guidelines” or “USSG”) is proeedurally unreasonable. Also pending before us is the Government’s Motion to Supplement the Record or, Alternatively, Motion to Take Judicial Notice (hereinafter, “Motion to Supplement”) 1 of Mr. Kutz’s Plea Agreement and the transcript of the change-of-plea hearing. Exercising jurisdiction…

2Cases cited26 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Johnson v. United StatesSupreme Court of the United States · 2015
  4. Schriro v. SummerlinSupreme Court of the United States · 2004
  5. Magwood v. PattersonSupreme Court of the United States · 2010

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3Cited by3 opinions

  1. Johnson v. SpencerCourt of Appeals for the Tenth Circuit · 2020
  2. United States v. Larry CooneyCourt of Appeals for the Eighth Circuit · 2017
  3. United States v. McCraryCourt of Appeals for the Tenth Circuit · 2022

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