DINOSAUR FOSSILS do not constitute “minerals” for purpose of mineral reservation under Montana law… answer to 9th Circuit certified question. [Read more…]
Child pornography, receipt/possession, re-sentencing
CHILD PORNOGRAPHY: Hearing not required on whether to vacate receipt or possession, or on new sentence on remand… same sentence on remand… Molloy affirmed (unpublishedl). [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, supervised release revocation
SENTENCING: 2003 amendment as to prison and supervised release that can be imposed following revocation of supervised release construed on first impression in 9th Circuit… 24 months imprisonment properly imposed upon 3rd revocation of firearms defendant’s supervised release, [Read more…]
Plea withdrawal, SORNA v. Commerce Clause
PLEA WITHDRAWAL: District court decision from another circuit finding SORNA violative of Commerce Clause not “fair & just” reason to allow sex registration Defendant to withdraw guilty plea… Cebull affirmed. [Read more…]
Sexual exploitation/child pornography
SEXUAL EXPLOITATION/CHILD PORNOGRAPHY: Images of stepdaughter depict lascivious exhibition of genitals or pubic area and thus are “sexually explicit conduct”… §§ 2251(a) & (b) separate offenses, convictions of both based on same episode of nude photos of stepdaughter not double jeopardy… creating photos separate conduct [Read more…]
Manslaughter, involuntary, self-defense
MANSLAUGHTER: Jury properly instructed on involuntary manslaughter as lesser-included of voluntary where Defendant claimed self-defense in stabbing death… 32 months prison not inappropriate… Haddon affirmed. [Read more…]
Child porn, search based on printed internet photo
CHILD PORNOGRAPHY: Suppression based on change of address and similar houses, computer equipment based on single photo believed to be from internet, properly denied… Defendant “in custody” prior to Miranda, but contrary finding harmless error… probable cause to arrest based on evidence found in search… burden not shifted by Judge’s [Read more…]
Child pornography, sentencing enhancement
CHILD PORNOGRAPHY: Admissions in sex offender registration documents constituted sufficient proof that Maryland sex abuse conviction was qualifying predicate for sentencing enhancement… Lovell [Read more…]