DRUGS: Traffic stop correctly extended when officers discovered Defendant was on parole, consent to then search vehicle was voluntary… suppression of meth properly denied… Molloy affirmed (memorandum). [Read more…]
Traffic stop, ripened into drugs/firearms seizure
TRAFFIC STOP legitimately ripened into drugs/firearms seizure… Christensen affirmed (memorandum). [Read more…]
“Ping” warrant, state warrant, federal prosecution
“PING” WARRANT for cell phone location of suspected meth dealer’s trip to California and back to Montana properly issued by State Court Judge John Brown despite application by FBI member of Task Force and ultimate federal prosecution… any error would not implicate exclusionary rule… Christensen. [Read more…]
Illegal reentry, “found in” US statute of limitations
ILLEGAL ALIENS: Motion to dismiss illegal reentry indictment as untimely properly denied even assuming constructive knowledge of “found in” US. . . Christensen affirmed (memorandum). [Read more…]
Revocation, no criminal trespass
REVOCATION proper even if US did not establish criminal trespass… Molloy affirmed (unpublished). [Read more…]
Firearms, component kits, demilled receiver
FIREARMS: Sufficient evidence that kits had all components for assembling a firearm, no need to address whether demilled receiver may support conviction of manufacturing/dealing… no prejudicial spillover of evidence on acquitted machine gun count… Christensen affirmed (unpublished). [Read more…]
Sentencing, check washing, wire fraud
SENTENCING: Loss amount from check washing scheme properly calculated for 6-level wire fraud enhancement… Molloy affirmed (unpublished). [Read more…]
Restitution, child porn victims, relative causal role
RESTITUTION: $29,859 restitution awarded to 1 victim in child porn bulletin board conspiracy out of $11,980-$16,400 requested from each of 13 Defendants, 0 to 2nd victim out of $150,000 requested from each Defendant, determined by “continuing traffic”/“relative causal role” equation… Molloy. [Read more…]
“Brandishing” firearm
“BRANDISHING” FIREARM: Although whether firearm was “brandished” is sentencing factor, jury properly instructed on [Read more…]
Sentencing, cyberstalking, prior criminal mischief
SENTENCING: Prior criminal mischief vandalizing house under Montana law similar to disorderly conduct in 4A1.2(c), not [Read more…]