INDIAN THEFTS: Sentence for thefts from tribal entities properly enhanced by theft from individual… $19,735.77 restitution proper… Morris affirmed (unpublished). [Read more…]
False statement to FBI, tribal police officer oral sex
FALSE STATEMENT TO FBI: Tribal police officer’s convictions in relation to allegedly threatening jail or oral sex affirmed despite acquittal of sex abuse… victim’s 10-year-old convictions properly excluded for credibility impeachment… Morris affirmed (unpublished). [Read more…]
Plea agreement, victim/witness sentencing letters
PLEA AGREEMENT did not preclude victim/witness letters at sentencing… Ostby affirmed (unpublished). [Read more…]
Wire fraud, Indian Days scam
WIRE FRAUD conviction in Indian Days scam affirmed… Christensen affirmed (unpublished) [Read more…]
Sentencing, sex offender release conditions
SENTENCING: Release conditions for failure to register as sex offender affirmed, vacated… Molloy affirmed, reversed (unpublished) [Read more…]
Sentencing, sex abuse of minor
SENTENCING: 365 months on remand for sex abuse of minor/attempted child pornography receipt substantively reasonable… Haddon affirmed (unpublished). [Read more…]
Firearms/Indians, right to counsel
FIREARMS/INDIANS: Although 921(a)(33)(B)(i)(I) includes 6th Amendment minimum in all state and federal proceedings and a more expansive right to counsel in many states, a misdemeanor conviction in tribal court may qualify as predicate to 922(g)(9) [Read more…]
Child pornography, interstate materials knowledge
CHILD PORNOGRAPHY: 2251(a) does not require knowledge of interstate nature of materials used to produce sexually explicit images (1st impression)… 1998 child pornography conviction [Read more…]
Drugs & firearms, gun “used” in return for drugs
DRUGS & FIREARMS: Petitioner supplied firearm in return for drugs, “used” it for §924(c) purposes per Smith, not covered by later Watsonreceipt of firearm, not actually innocent… conflict between indictment and plea agreement resolved by Defendant’s colloquy [Read more…]
Procedure, recalled mandate, cert filing time
PROCEDURE: 9th Circuit order recalling mandate did not restart clock for petitioning Supreme Court for cert, petition untimely, [Read more…]