United States v. Cozad

Docket Number20-3233
Decision Date03 January 2022
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5 cases
  • United States v. Hartley
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • May 17, 2022
    ... ... Two recent Tenth Circuit cases support the proposition that when a district court imposes or is asked to modify a sentence, it must make individualized determinations based on the applicable statutory 34 F.4th 929 criteria rather than rely on a blanket policy. In United States v. Cozad , 21 F.4th 1259 (10th Cir. 2022), we held the district court abused its discretion by imposing a harsher sentence on the defendant because she entered an open plea—a plea without a plea agreement. Id. at 1261, 1267. We said that "[w]e do not see how any of the permissible aims of sentencing ... ...
  • United States v. Barba-Villegas
    • United States
    • U.S. District Court — District of New Mexico
    • October 27, 2023
    ... ... imposing a sentence within the range that would have resulted ... had the United States moved for a § 5K3.1 departure, ... solely because the defendant rejected the Fast-Track offer ... See United States v. Cozad, 21 F.4th 1259, 1266 ... (10th Cir. 2022)(rejecting the rationale that, “if a ... court sentences the defendant to the same sentence he would ... have had, had he taken a plea agreement, then there is no ... compelling reason for any defendant to take the plea ... ...
  • Utah Physicians for a Healthy Env't Inc. v. Diesel Power Gear LLC
    • United States
    • U.S. District Court — District of Utah
    • January 19, 2024
    ...Cross-Brief Regarding the Seriousness of Defendants' Utah SIP Tampering Violations (Defendants' Response). [32] Utah Physicians, 21 F.4th at 1259. [33] Bench Trial Order at 57-58. [34] ECF 188, Plaintiff's Motion for Discovery and Supplemental Proceeding. [35] ECF 206, Order for Discovery a......
  • Utah Physicians for a Healthy Env't Inc. v. Diesel Power Gear LLC
    • United States
    • U.S. District Court — District of Utah
    • January 19, 2024
    ... ... DIESEL POWER GEAR LLC, et al., Defendants. No. 2:17-cv-00032-RJS-DBP United States District Court, D. Utah January 19, 2024 ...           Dustin ... B ... ...
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1 books & journal articles
  • Utah Law Developments
    • United States
    • Utah State Bar Utah Bar Journal No. 35-3, June 2022
    • Invalid date
    ...“plain error review is not available in ordinary civil cases unless expressly authorized by rule.” 10TH CIRCUIT United States v. Cozad 21 F.4th 1259 (10th Cir. Jan. 3, 2022) Dissatisfied with the government’s plea offer, Cozad entered an open plea, arguing for a lighter sentence before the ......

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