SENTENCING: Variance (not departure) from Guidelines range properly imposed for child sex conviction… Morris affirmed (memorandum). [Read more…]
Sentencing, commission of crime with stolen firearm
SENTENCING: Strict liability enhancement for commission of crime with stolen firearm is constitutional… Christensen affirmed. [Read more…]
Endangered species, “self-defense” grizzly shooting
ENDANGERED SPECIES: Claim of self-defense shooting of grizzly improperly analyzed under “objectively reasonable” rather than “subjectively reasonable” standard, conviction reversed, remanded. . . improper burden of proving nonexistence of a taking permit on US not grounds for reversal. . . Defendant not entitled to jury trial. . . Lynch/Christensen affirmed, reversed. [Read more…]
Endangered species, grizzly kills, “self-defense”
ENDANGERED SPECIES: Objective good faith standard improperly applied to grizzlies shooter’s self-defense claim… conviction reversed, remanded for determination of whether he had subjective good faith belief that he was acting in self-defense… not entitled to jury trial… Lynch/Christensen reversed, affirmed. [Read more…]
Restitution, charitable fraud scheme
RESTITUTION may be imposed for all harm caused by charitable fraud scheme including harm beyond count of conviction… conviction affirmed… Christensen reversed as to restitution, affirmed as to conviction. [Read more…]
Wire fraud, uncharged transactions in other states
WIRE FRAUD: Uncharged transactions in other states are part of the Montana charged offense — the fraudulent scheme as a whole — not “other” crimes/acts… Christensen affirmed. [Read more…]
Indians, Tribal Court domestic assault convictions
INDIANS: Uncounseled Tribal Court domestic assault convictions proper predicates for domestic assault by habitual offender… 9th Circuit reversed (Cebull affirmed). [Read more…]
Sentencing, kicking death, double jeopardy
SENTENCING: 3 counts stemming from kicking victim to death properly not merged for sentencing pursuant to double jeopardy… adjustment for post-trial acceptance of responsibility properly denied… Morris affirmed (unpublished). [Read more…]
Child pornography, sadistic/masochistic
CHILD PORNOGRAPHY: 50 years proper for images of sadistic conduct, properly imposed consecutive to state sentence, no basis or authority to reconsider Circuit’s review standard… Christensen affirmed. [Read more…]
SORNA, obscenity conviction, child porn
SORNA: Registration properly imposed upon revocation of obscenity conviction as result of prior colloquy admission to child pornography… Haddon affirmed. [Read more…]