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U.S. Tenth Circuit

If You Rob Someone at the ATM, You May Be Charged With Robbing a Bank

By FindLaw Staff

Most armed robberies are state crimes, with some exceptions. For example, it is a federal crime to rob a bank. Under 18 U.S.C. 2113(a), anyone who "by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another . . . money . . . belonging to, or in the care, custody, control, management, or possession of, any bank" is committing a federal crime. The offense is punishable by up to 25 years in prison. While the statute is clear enough, it raises an interesting legal question: what if you force a person to withdraw money from an ATM at gunpoint or under the threat of violence?

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10th Circuit: Pleading Guilty Without Entering a Plea Agreement Can't Lead to Harsher Sentence

By Joseph Fawbush, Esq.

Pleading not guilty in federal court is risky, as federal prosecutors have turned negotiating plea agreements into an art form. Defendants who take their chances at trial are often given lengthier sentences for failing to cooperate if convicted. But what about a defendant who pleads guilty without entering a plea…

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It's the 10th Circuit's Turn to Deal with 'Tiger King' Joe Exotic

By Laura Temme, Esq.

Although former President Donald Trump issued pardons to several celebrities on his way out of office this week, one person was left disappointed that his plea for a pardon went unheard: Joseph Maldonado-Passage, better known as Joe Exotic. The star of Netflix's 'Tiger King' has been jockeying for a pardon for months. In December, he sued the Department of Justice for failing to present his petition for a pardon directly to the then-president.

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Once Again, Marijuana Dispensaries: You Cannot Ignore the IRS.

By Joseph Fawbush, Esq.

Americans largely approve of marijuana. Americans largely disapprove of taxes. Yet, somehow, when pitted against each other, taxes always win. That is the essence of a recent 10th Circuit Court of Appeals case. The issue arose again because the IRS does not allow business deductions for expenses for controlled substances that are illegal under federal law. This is true even in states that have legalized the recreational use of marijuana. Federal law still bans the sale of marijuana.

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Large Ministry Conference in Colorado Continues Despite COVID-19 Restrictions, Court Orders

By Laura Temme, Esq.

A conference of around 700 people hosted by televangelist Andrew Wommack continues in Colorado this week, despite state public health orders and decisions from federal judges. Last month, Liberty Counsel filed suit on behalf of Andrew Wommack Ministries claiming that Colorado Governor Jared Polis's order banning indoor gatherings of more than 175 people discriminated against religious events.

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10th Circuit Weighs in on Qualified Immunity

By Laura Temme, Esq.

In November 2016, a stabbing victim told Okfuskee County Sheriff's Department Deputies Blake Frost and Zachary Scribner that he had been attacked by a man named Josh Williams. According to the victim, Williams fled from the incident in a large black Chevrolet pickup with a loud exhaust and a trailer attached. As the deputies searched for Williams' vehicle, Frost spotted a dark Chevrolet truck without a trailer backing out of a driveway.

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