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United States v. Hernandez 847 F.3d 1257 (10th Cir. Feb. 9, 2016)

Feb 9, 2016

The United States argued for the first time on appeal that evidence of a firearm was admissible under the attenuation doctrine, as established in Utah v. Strieff, a 2016 United States Supreme Court decision issued after the appeal was filed.  Although the 10th Circuit recognized that the Strieff decision came out after the appeal was filed, it held that the attenuation argument was waived, as the United States could have raised the argument below, just as the State of Utah had done in the Supreme Court case.