FindLaw Opinion Summaries - Criminal

US v. Collier

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Criminal Law & Procedure, Sentencing) Defendant's bank fraud sentence is affirmed where, after the district court announced it would adhere to its prior sentence enhancement and upward departure determinations, its request that the parties recommend sentences "within the Guidelines range" did not, without more, demonstrate that the court had forgotten that the Guidelines were advisory.

US v. Madison

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Criminal Law & Procedure, Sentencing) Defendant's firearm possession sentence is reversed where the district court impermissibly considered the 18 U.S.C. section 3553(a) factors, rather than relying exclusively on assistance-related factors, in arriving at a sentence 72 months below the statutory minimum.

US v. Jones

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Criminal Law & Procedure, Evidence) Defendant's drug and firearm convictions are affirmed where the evidence would not permit a rational jury to find defendant guilty of possessing methamphetamine while simultaneously acquitting him of intent to distribute, and thus the district court was not required to give a lesser included offense instruction.

Sell v. US Dep't. of Justice

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 8th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure, Health Law, Injury And Tort Law) In an action alleging that plaintiff was the victim of medical malpractice that occurred while he was in federal custody awaiting trial, dismissal of the action on statute of limitations grounds is affirmed where: 1) plaintiff's mental illness did not prevent him from discovering the alleged injury; and 2) the continuous treatment doctrine did not toll the statute.

US v. Owens

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 7th Cir., Criminal Law & Procedure, Evidence, Sentencing) District court's imposition of an enhancement under U.S.S.G. section 2G2.2(b)(3)(B) on a defendant convicted of transportation and possession of child pornography is affirmed where, although defendant did not have an explicit agreement or precise bargain with the woman, the content of his conversations lead to the conclusion that he reasonably anticipated or believed that his exchange of child pornography would result in a sexual encounter with the woman and her children.

US v. Grubbs

Fri, 6 Nov 2009 20:00:02 PDT

(U.S. 4th Cir., Criminal Law & Procedure, Sentencing) District court's sentence of 240 months imprisonment and a life term of supervised release on a defendant convicted of knowingly transporting a minor in interstate commerce with intent to engage in sexual activity and related offenses is affirmed where: 1) district court's use of uncharged conduct in determining defendant's sentence did not violate the Sixth Amendment; 2) district court did not err by relying on uncharged conduct that was proven by the preponderance of the evidence standard; and 3) the district court did not commit reversible error in calculating defendant's Guidelines range, and the sentence was therefore procedurally reasonable.

US v. Hinkson

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 9th Cir., Criminal Law & Procedure) The Ninth Circuit re-states its "abuse of discretion" standard of review, which now requires it to: 1) consider whether the district court identified the correct legal standard for decision of the issue before it; and 2) determine whether the district court's findings of fact, and its application of those findings of fact to the correct legal standard, were illogical, implausible, or without support in inferences that could be drawn from facts in the record. Defendant's murder for hire conviction is affirmed where, applying the re-stated standard, the district court did not abuse its discretion in denying defendant's motion for a new trial.

US v. Schultz

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 7th Cir., Criminal Law & Procedure, Evidence, Sentencing) District court's conviction of defendant for being a felon in possession of a firearm is affirmed where: 1) the 18 U.S.C. section 921(a)(20)(A) exclusion does not apply to defendant's predicate conviction; 2) section 921(a)(20)(A) is not impermissibly vague, as an ordinary individual would have notice that the exception applies only if he or she committed an enumerated or similar offense related to the regulation of business practices; 3) the district court did not clearly err in denying defendant's request to conduct a Franks hearing; and 4) defendant's claim that district court erred in denying his motion to suppress the statements that he made when his home was searched is without merit.

US v. Bell

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 7th Cir., Criminal Law & Procedure, Evidence) Denial of defendant's motion to suppress evidence of crack cocaine and firearm found during search of his home is reversed as the warrant was not supported by probable cause because an affidavit failed to establish the reliability of the informants, and law enforcement officers did not sufficiently corroborate the informants' reports.

Webb v. Mitchell

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 6th Cir., Criminal Law & Procedure, Evidence, Sentencing) In a capital habeas case involving a petitioner convicted of aggravated murder of his son and sentenced to death, denial of the petition is affirmed where: 1) defendant's Brady claim is rejected as there is no reasonable probability that, had a certain police report been disclosed, the outcome would have been different; 2) defendant's ex post facto and due process violation claims are rejected; 3) defendant's ineffective assistance of counsel during the penalty phase claim is rejected; 4) defendant's Fifth Amendment violation claim based on prosecution's comment on his failure to testify is rejected; and 5) district court did not err in concluding that defendant procedurally defaulted two of his ineffective assistance of counsel claims.

US v. Aguilar

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 2d Cir., Criminal Law & Procedure, Sentencing) Defendant's drug-related murder conviction is affirmed where there was sufficient evidence demonstrating that defendant induced his drug associates to participate in the victim's murder through promises to forgive drug-related debts and to engage in future drug transactions.

US v. Brown

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 11th Cir., Criminal Law & Procedure) Defendant's conviction for failing to register in accordance with the Sex Offender Registration and Notification Act (SORNA) is affirmed where: 1) sex offenders with pre-SORNA convictions, like defendant, had a duty to register even if the jurisdiction in which the offense occurred had not implemented SORNA; 2) defendant's guilty plea waived his right to claim that he was physically unable to register under SORNA; and 3) defendant had adequate notice of his duty to register.

People v. Stevens

Thu, 5 Nov 2009 20:00:02 PDT

(Cal., Criminal Law & Procedure) Defendant's conviction for assault with intent to commit rape and related crimes is affirmed where the stationing of a courtroom deputy next to a testifying defendant is not an inherently prejudicial practice that must be justified by a showing of manifest need.

US v. Oquendo-Rivera

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Criminal Law & Procedure, Evidence, Sentencing) District court's decision revoking supervised release and sentencing defendant to a further term in prison following his arrest for allegedly shooting at an officer, is set aside and remanded where, given the relatively weak evidence, district court's decision is undermined by reliance on guesswork regarding the event.

US v. Eisom

Thu, 5 Nov 2009 20:00:02 PDT

(U.S. 1st Cir., Criminal Law & Procedure, Evidence, Sentencing) District court's imposition of a sentence based on calculation of the guideline range to include, as relevant conduct, amounts of drugs and cash independently seized from defendant in connection with an unrelated criminal investigation is affirmed as the defendant waived any objection to the sentencing determination, and the determination was not clearly erroneous.