United States Tenth Circuit

Appellants challenging their indictments for failure to charge an offense do not waive their claims by failing to object before trial, but such appellants receive only plain error review when they raise the argument for the first time on appeal.

Appellate Information

• Decided 01/23/2007
• Published 01/24/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and HARTZ, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Vicki Mandell-King, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, District of Colorado and Wyoming, Denver, CO, for the Defendant-Appellant., David N. Williams, Assistant U.S. Attorney (David C. Iglesias, with him on the brief), Office of the United States Attorney, District of New Mexico, Albuquerque, NM, for the Plaintiff-Appellee.