Petition for Review of EPA's "Indian Land" Determination, and Criminal Matters - Criminal Law - U.S. Tenth Circuit
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Petition for Review of EPA's "Indian Land" Determination, and Criminal Matters

Hydro Resources, Inc. v. EPA, No. 07-9506, involved a petition for review of the EPA's "final land status determination" expressing its judgment that petitioner's land qualified as "Indian land."  The court of appeals granted the petition, holding that the EPA's interpretation cannot be reconciled with the Supreme Court's explanation of 18 U.S.C. section 1151(b)'s plain meaning.

In US v. Sanchez, No. 09-2239, the court of appeals affirmed defendant's marijuana possession conviction, holding that defendant's daughter had actual authority to consent to the police's home visit and the officers properly relied on her consent, and thus the district court properly denied defendant's motion to suppress.

US v. Terrell, No. 09-3074, involved defendant's appeal from the district court's denial of his motion for a reduction of sentence under 18 U.S.C. section 3582(c)(2) on the basis that his sentence was improperly enhanced as a result of double-counting.  The court of appeals affirmed on the ground that the number of weapons involved in the underlying offense to an 18 U.S.C. section 924(c) conviction was a separate type of offense conduct than that punished by section 924(c) itself. 

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