SENTENCING: 2-level enhancement properly imposed for abusive sexual contact on finding that child was in uncle’s “custody, care, or supervisory control”… 1st impression… Cebull affirmed. [Read more…]
Murder/burglary, expert, felony murder
MURDER/BURGLARY: Testimony of social worker expert properly limited… felony murder supported by evidence that Defendant [Read more…]
Sex offender registration, retroactivity, juvenile
SEX OFFENDER REGISTRATION: Legislative intent for SVORA to apply retroactively to Federal Court adjudication of juvenile sex [Read more…]
Immigration, Canadian rejection, “found in” US
IMMIGRATION: Mexican illegal denied entry into Canada after being processed overnight and returned to US port never [Read more…]
Sentencing, prison beating death defendant
SENTENCING: Prison beating death Defendant had fair notice that aiding & abetting deliberate homicide would subject him to death penalty in Montana despite no specific statutory [Read more…]
Sentencing, credit union BB-gun robber
SENTENCING: Credit union robber properly found to have “otherwise used” a BB-gun rather than merely “brandished” it, sentence correctly enhanced by 4 rather than 3… properly enhanced by 2 for “sustained focus” of gun on employee… [Read more…]
Sentencing, safety valve relief, meth
SENTENCING: Safety valve relief properly denied in meth case for failure to provide all information/evidence… Haddon affirmed (unpublished). [Read more…]
Sentencing, child porn enhancement, docket
SENTENCING: Maryland docket sheet entries sufficient proof that Maryland “child abuse” conviction involved sexual conduct predicate for child pornography sentencing [Read more…]
Sentencing, serious injury intent enhancement
SENTENCING: Sufficient evidence of intent to warrant 4-level enhancement for assault resulting in serious injury, 48 months substantively reasonable… Haddon affirmed [Read more…]
Sentencing, serious injury intent enhancement
SENTENCING: Sufficient evidence of intent to warrant 4-level enhancement for assault resulting in serious injury, 5-level enhancement for serious injury, 48 months substantively [Read more…]