FIREARMS & DOMESTIC VIOLENCE: Montana PFMA conviction does not qualify as “misdemeanor crime of violence” forbidding possession of firearms… Christensen reversed. [Read more…]
Restitution, $306,419 for embezzlement
RESTITUTION: $306,419 properly awarded for embezzlement despite only $13,095 listed in indictment… Christensen affirmed (memorandum). [Read more…]
Interstate transportation of stolen property/laundering
INTERSTATE TRANSPORTATION OF STOLEN PROPERTY/MONEY LAUNDERING convictions affirmed… Haddon affirmed (memorandum). [Read more…]
Firearm possession, “prohibited person”
FIREARM POSSESSION: “Creative” arguments to avoid being “prohibited person” in possession of firearm based on Montana felony rejected… Molloy. [Read more…]
Robbery
ROBBERY convictions affirmed… Lovell affirmed (memorandum). [Read more…]
Sentencing, home confinement request
SENTENCING: Request for home confinement properly rejected… Christensen affirmed (memorandum). [Read more…]
Revocation, 3 consecutive sentences for meth violation
REVOCATION: 3 consecutive sentences properly imposed for 2 meth violations of 1 term of supervised release… Lovell affirmed (memorandum). [Read more…]
Traffic stop, unsuspicious vehicle plate, felon with firearm
TRAFFIC STOP which began with running plate of unsuspicious vehicle that disclosed expired registration and driver with learner’s permit and other occupants unlicensed and culminating in driver voluntarily “spilling her guts” that passenger had gun was both professional and constitutional… motion by passenger charged with felon in possession to suppress based on unlawfully prolonged stop denied… Molloy. [Read more…]
Supervised release “inactive” while deportee out of US
SUPERVISED RELEASE properly labeled “inactive” while Mexican is outside the US under deportation order… Haddon affirmed (memorandum). [Read more…]
Prisoners, recorded jail phone call
PRISONERS: Civil damages and criminal punishment only remedies available for warrantless recording of jail phone calls, not exclusion of evidence obtained… Lovell affirmed (unpublished). [Read more…]