ARSON/INEFFECTIVE ASSISTANCE: $1,000 threshold for property crimes not applicable to vehicles, arson properly charged in burning of $500 car… counsel not ineffective in not challenging [Read more…]
Archives for 2013
DUI, Nevada DUIs enhancement
DUI: Nevada’s .1 BAC “within two hours after driving” sufficiently similar to Montana’s DUI statutes to support felony enhancement… Salvagni affirmed. [Read more…]
Plea withdrawal
PLEA WITHDRAWAL: Defense recommendation not binding, Defendant has no right to withdraw plea to felony theft, confusion at plea change hearing not good cause as Defendant [Read more…]
Sexual assault/youth, 3-year-old hearsay via mother
SEXUAL ASSAULT/YOUTH: Statements of 3-year-old repeated by mother after child unresponsive at trial properly found non-testimonial, admissible without implicating youth Defendant’s confrontation rights… Seeley affirmed (IOR I-3(d)). [Read more…]
Injunction, Internet provider sale
INJUNCTION: Defendant who seems more interested in advancing litigation position than maximizing return to Internet provider denied TRO/preliminary injunction delaying bidding for court-ordered sale… Salvagni. [Read more…]
Sentencing, bank fraud, same term on remand
SENTENCING: Defendant not entitled to presumption of vindictiveness in same total sentence for bank fraud after 2 counts overturned on appeal and no longer a mandatory 24 months consecutive for aggravated identity theft, since [Read more…]
Sentencing, restitution, investment scheme
SENTENCING: Amount lost by A’s investors improperly included in Defendant’s restitution liability where only connection to A’s fraudulent investment scheme was to introduce A to B who had [Read more…]
Sentencing, child porn “distribution”
SENTENCING: Letting child print child pornography from Defendant’s computer constituted “distribution” justifying 6-level enhancement to 18 years, not necessary to consider [Read more…]
Revocation, lifetime supervision reimposition
REVOCATION: Lifetime supervised release upon revocation of initial supervised release not barred by §3583(h) even when accompanied by prison term… Molloy affirmed. [Read more…]
SORNA, ex post facto, due process
SORNA: Ex post facto, due process challenges properly rejected, failure-to-register conviction affirmed… superseding opinion… Shanstrom affirmed. [Read more…]
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