United States v. Jim, No. 12-2085 (10th Cir. 2015)
Annotate this CaseA jury convicted Derrick Jim of aggravated sexual abuse occurring in the Navajo Nation. Jim initially pled guilty to this offense, but later withdrew his plea and went to trial. On appeal, Jim claimed that the trial court erred when it let the Government present evidence of the admissions he made in his plea agreement and during his plea colloquy to the jury, despite Jim waiving his Rule 410 protections as part of the plea agreement underlying his (withdrawn) guilty plea. In its cross-appeal, the Government challenged Jim’s 360-month prison sentence, arguing that the district court erred in calculating Jim’s offense level under the sentencing guidelines. After review, the Tenth Circuit concluded the district court did not err in enforcing Jim’s Rule 410 waiver by allowing the Government to present to the jury Jim’s prior admissions of guilt. The Court agreed with the Government that the district court erred when it held that, in determining whether a two-offense-level enhancement under U.S.S.G. 2A3.1(b)(4)(B) for causing the victim serious bodily injury applied in Jim’s case, the court could not consider any injuries directly resulting from the sexual abuse for which Jim was convicted. Thus, the case was remanded for resentencing so the district court could determine, in the first instance, whether that enhancement was warranted in this case and, if so, the impact of that enhancement on Jim’s sentence.
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