CRIMINAL LAW & PROCEDURE
US v. Henry , No. 07-4578, 07-4587
Denial of defendants' motions to dismiss their indictment related to marijuana growing is reversed, and their convictions and sentences vacated and remanded where the continuance of trial for 103 days could not be excluded from defendant's speedy trial clock, which caused the total delay in defendant's case to exceed the seventy days allowed by the Speedy Trial Act.
Wednesday, August 20, 2008
Wednesday, May 14, 2008
conviction for for transporting illegal aliens is reversed
U.S. v. Valadez-Valadez, No. 06-2341
Driving at a speed moderately below the speed limit does not, without more, constitute obstructing or impeding traffic. A conviction for for transporting illegal aliens is reversed and remanded pursuant to a claim of erroneous denial of a motion to suppress where an officer lacked reasonable suspicion to stop defendant for violating a state law against impeding traffic, based on his driving about 10 m.p.h. below the speed limit on a highway. Read more...
Driving at a speed moderately below the speed limit does not, without more, constitute obstructing or impeding traffic. A conviction for for transporting illegal aliens is reversed and remanded pursuant to a claim of erroneous denial of a motion to suppress where an officer lacked reasonable suspicion to stop defendant for violating a state law against impeding traffic, based on his driving about 10 m.p.h. below the speed limit on a highway. Read more...
Sex Offender Registration and Notification conviction vacated
CRIMINAL LAW & PROCEDURE, SENTENCING
U.S. v. Sanchez, No. 07-30578
Where, at the time of sentencing there is no guideline in effect for the particular offense of conviction, and the Sentencing Commission has promulgated a proposed guideline applicable to the offense of conviction, the district court's failure to consider the proposed guideline when sentencing the defendant may result in reversible plain error. The imposition of a 60-month sentence for defendant's failure to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is vacated and remanded where: 1) the court's failure to consider proposed guidelines that existed at the time before sentencing constituted plain error; and 2) defendant's right were affected since he could show that but for the misapplication of the Guidelines he could have received a lesser sentence. Read more...
U.S. v. Sanchez, No. 07-30578
Where, at the time of sentencing there is no guideline in effect for the particular offense of conviction, and the Sentencing Commission has promulgated a proposed guideline applicable to the offense of conviction, the district court's failure to consider the proposed guideline when sentencing the defendant may result in reversible plain error. The imposition of a 60-month sentence for defendant's failure to register pursuant to the Sex Offender Registration and Notification Act (SORNA) is vacated and remanded where: 1) the court's failure to consider proposed guidelines that existed at the time before sentencing constituted plain error; and 2) defendant's right were affected since he could show that but for the misapplication of the Guidelines he could have received a lesser sentence. Read more...
the district court needed to review the state trial court record
CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS
Ferguson v. Culliver, No. 07-13030
Denial of petitioner's 28 U.S.C. section 2254 habeas corpus petition is vacated and remanded where: 1) in the habeas context, the district court needed to review the state trial court record, rather than rely solely on the state appellate court's findings as to what the trial record contained; and 2) the absence of the trial record precluded the district court from conducting a meaningful review of the state court decision, even under the deferential standard imposed by the AEDPA. Read more...
Ferguson v. Culliver, No. 07-13030
Denial of petitioner's 28 U.S.C. section 2254 habeas corpus petition is vacated and remanded where: 1) in the habeas context, the district court needed to review the state trial court record, rather than rely solely on the state appellate court's findings as to what the trial record contained; and 2) the absence of the trial record precluded the district court from conducting a meaningful review of the state court decision, even under the deferential standard imposed by the AEDPA. Read more...
Thursday, November 01, 2007
undischarged term of state imprisonment is reversible error
US v. Gibbs, No. 06-1916
Treating U.S.S.G. section 5G1.3(c) as leaving the district court without discretion to impose a federal sentence concurrent or partially concurrent with an undischarged term of state imprisonment is reversible error requiring a remand for resentenci
Treating U.S.S.G. section 5G1.3(c) as leaving the district court without discretion to impose a federal sentence concurrent or partially concurrent with an undischarged term of state imprisonment is reversible error requiring a remand for resentenci
government had not shown that the officers had a reasonable suspicion that the passenger was armed
US v. Wilson, No. 06-6339
In a case involving the constitutionality of a pat-down search of a car passenger that resulted in the discovery of over one pound of powder cocaine, grant of a motion to suppress evidence in the prosecution for drug-related offenses is affirmed where the district court did not err in finding that the government had not shown that the officers had a reasonable suspicion that the passenger was armed and dangerous before conducting the pat-down search
In a case involving the constitutionality of a pat-down search of a car passenger that resulted in the discovery of over one pound of powder cocaine, grant of a motion to suppress evidence in the prosecution for drug-related offenses is affirmed where the district court did not err in finding that the government had not shown that the officers had a reasonable suspicion that the passenger was armed and dangerous before conducting the pat-down search
small religious sect that opposes payment of taxes
US v. McKee, No. 05-3297, 05-3469, 05-3357
In a case involving a small religious sect that opposes payment of taxes based upon members' religious opposition to war and the taxes that fund it, defendants' convictions for conspiracy to obstruct a government function, failure to pay federal employment taxes, and failure to file individual income tax returns for certain years are vacated in part, and reversed in part, where: 1) the district court's jury instruction constructively amended the indictment, for purposes of the convictions on tax evasion charges; and 2) the evidence was insufficient to establish guilt beyond a reasonable doubt on two counts.
In a case involving a small religious sect that opposes payment of taxes based upon members' religious opposition to war and the taxes that fund it, defendants' convictions for conspiracy to obstruct a government function, failure to pay federal employment taxes, and failure to file individual income tax returns for certain years are vacated in part, and reversed in part, where: 1) the district court's jury instruction constructively amended the indictment, for purposes of the convictions on tax evasion charges; and 2) the evidence was insufficient to establish guilt beyond a reasonable doubt on two counts.
Armed Career Criminal Act vacated
US v. Hollis, No. 06-50784
A sentence under the Armed Career Criminal Act (ACCA) and associated provisions of the U.S.S.G. for being a felon and a fugitive in possession of a firearm is vacated as there was insufficient evidence in the record to show that defendant was represented by counsel or validly waived his right to counsel in proceedings leading to a prior conviction on which the sentence under the ACCA was predicated. Also, the conviction on the felon in possession count is vacated as multiplicitous
A sentence under the Armed Career Criminal Act (ACCA) and associated provisions of the U.S.S.G. for being a felon and a fugitive in possession of a firearm is vacated as there was insufficient evidence in the record to show that defendant was represented by counsel or validly waived his right to counsel in proceedings leading to a prior conviction on which the sentence under the ACCA was predicated. Also, the conviction on the felon in possession count is vacated as multiplicitous
insufficient evidence
US v. Moore, No. 07-10237
Convictions of multiple counts of theft of government property are reversed as there was insufficient evidence for a reasonable jury to have found beyond a reasonable doubt that defendants, husband and wife, knew that they were not entitled to continue receiving VA benefits that husband's mother had been receiving before she died.
Convictions of multiple counts of theft of government property are reversed as there was insufficient evidence for a reasonable jury to have found beyond a reasonable doubt that defendants, husband and wife, knew that they were not entitled to continue receiving VA benefits that husband's mother had been receiving before she died.
no evidence before the district court established that a guilty plea resulting in a predicate state conviction
US v. Rosa, No. 05-3621
A sentence to the statutory mandatory minimum, based on the court's finding that defendant is a violent felon under the Armed Career Criminal Act, is vacated under Shepard v. US, 544 U.S. 13 (2005), where no evidence before the district court established that a guilty plea resulting in a predicate state conviction necessarily admitted and supported a conviction for a crime or act of juvenile delinquency involving the use or carrying of a firearm that would be punishable by imprisonment for a term exceeding one year
A sentence to the statutory mandatory minimum, based on the court's finding that defendant is a violent felon under the Armed Career Criminal Act, is vacated under Shepard v. US, 544 U.S. 13 (2005), where no evidence before the district court established that a guilty plea resulting in a predicate state conviction necessarily admitted and supported a conviction for a crime or act of juvenile delinquency involving the use or carrying of a firearm that would be punishable by imprisonment for a term exceeding one year
Sentence for drug conspiracy is vacated
US v. Milo, No. 06-2185
Sentence for drug conspiracy is vacated and remanded where the sentence lacked the plausible explanation needed for such a significant sentence reduction, despite the court's notice of the defendant's contrition and cooperation
Sentence for drug conspiracy is vacated and remanded where the sentence lacked the plausible explanation needed for such a significant sentence reduction, despite the court's notice of the defendant's contrition and cooperation
Wednesday, October 10, 2007
21 U.S.C. section 860(a)
US v. Powell, No. 05-3202
Conviction for violating 21 U.S.C. section 860(a), which enhances a sentence for drug offenses occurring within 1000 feet of a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, is vacated where the government concedes did not present evidence to show that the school near the intersection where the police arrested defendant was of a type covered by section 860(a)
Conviction for violating 21 U.S.C. section 860(a), which enhances a sentence for drug offenses occurring within 1000 feet of a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, is vacated where the government concedes did not present evidence to show that the school near the intersection where the police arrested defendant was of a type covered by section 860(a)
Monday, October 01, 2007
police failed to scrupulously respect her demand to remain silent by putting her in an interrogation room
US v. Lafferty, No. 06-1901
In a prosecution for offenses arising from a burglary, denial of defendant's motion to suppress statements she and an alleged confederate made during a custodial interrogation is reversed as: 1) police failed to scrupulously respect her demand to remain silent by putting her in an interrogation room with her alleged confederate after she had invoked her right to remain silent and after he promised to give a confession; 2) no valid and meaningful waiver of her rights occurred; and 3) a ruling that the confederate's statements were admissible against her as adoptive admissions was improper as a court errs in permitting the government to use a criminal defendant's silence in the face of police interrogation
In a prosecution for offenses arising from a burglary, denial of defendant's motion to suppress statements she and an alleged confederate made during a custodial interrogation is reversed as: 1) police failed to scrupulously respect her demand to remain silent by putting her in an interrogation room with her alleged confederate after she had invoked her right to remain silent and after he promised to give a confession; 2) no valid and meaningful waiver of her rights occurred; and 3) a ruling that the confederate's statements were admissible against her as adoptive admissions was improper as a court errs in permitting the government to use a criminal defendant's silence in the face of police interrogation
Wednesday, August 22, 2007
court erred in imposing a condition of supervised release tolling the term of release while defendant is outside the United States
US v. Catalan, No. 06-5259
A conviction for conspiracy to possess with intent to distribute cocaine and for the underlying possession is affirmed over a claim of insufficient evidence, but the sentence is vacated where the district court erred in imposing a condition of supervised release tolling the term of release while defendant is outside the United States.
A conviction for conspiracy to possess with intent to distribute cocaine and for the underlying possession is affirmed over a claim of insufficient evidence, but the sentence is vacated where the district court erred in imposing a condition of supervised release tolling the term of release while defendant is outside the United States.
Tuesday, July 24, 2007
district court applied a rebuttable presumption that defendant
US v. Wilms, No. 06-1896
Sentence for bank robbery and attempted bank robbery is vacated and remanded where the district court applied a rebuttable presumption that defendant should have been sentenced within the applicable Guidelines range.
Sentence for bank robbery and attempted bank robbery is vacated and remanded where the district court applied a rebuttable presumption that defendant should have been sentenced within the applicable Guidelines range.
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