SENTENCING: §3582(c)(2) reduction is not new, intervening judgment, Defendant must obtain leave to proceed on 2nd §2255 motion (joining sister Circuits)… application denied for lack of newly discovered evidence or new rule of constitutional law… order. [Read more…]
Illegal machine gun, entrapment, mens rea
ILLEGAL MACHINE GUN conviction affirmed over Rule 403/1st Amendment challenge to Defendant’s statements of plan to engage in war with Government, claims of entrapment, lack of mens rea… 72 months reasonable sentence… Watters affirmed (unpublished). [Read more…]
Sentencing, controlled substances by deception
SENTENCING: Sentence for controlled substance by deception within calculated Guidelines range, Defendant waived right to appeal… USA urged to consider more precise language in appellate waivers as to distinction between objection to calculation and request for downward departure… Haddon affirmed (unpublished). [Read more…]