DRUGS: Fentanyl conviction affirmed over challenge to text messages from decedent… Morris affirmed (memorandum). [Read more…]
Harassing calls to FBI and Speaker of House
HARASSING CALLS to FBI’s Threat Center and Speaker of the House convictions affirmed… Watters affirmed (memorandum). [Read more…]
Restitution, failure to resolve specific objections
RESTITUTION: $7,000 award vacated for failure to resolve specific objections to sum sought… Morris reversed (memorandum). [Read more…]
Drugs, RV on property reported as parolee’s address
DRUGS: Parole officers had reasonable suspicion that Defendant controlled RV on property which he reported as his residence (regardless of whether it is a dwelling or a vehicle)… Morris affirmed (memorandum). [Read more…]
Indians, cross-deputization challenge, traffic stop
INDIANS: Challenge to cross-deputization agreement by Indian arrested by State Trooper on Fort Peck Reservation properly rejected… suppression of firearms seized in traffic stop properly denied… Morris affirmed. [Read more…]
Traffic stop, driver not subject of warrant, meth
TRAFFIC STOP not unlawfully prolonged by asking for driver’s papers even after learning that he was not the subject of the warrant associated with the truck because requesting papers fell within the “mission” of the stop… search warrant which yielded meth properly supported by field tests, dog sniff, and evidence from previous controlled buy out of same truck… meth/firearm convictions affirmed… Morris affirmed (2-1). [Read more…]
Sentencing, felon in possession, appeal waiver
SENTENCING: Guidelines range sentence for felon in possession of firearm not “constitutionally defective,” waiver of right to appeal applies… Haddon affirmed (memorandum). [Read more…]
Child pornography, interstate commerce
CHILD PORNOGRAPHY: Connection to interstate commerce not required for production charge… Morris reversed (memorandum). [Read more…]
Wire fraud, Ponzi scheme, abuse-of-trust enhancement
WIRE FRAUD: Ponzi scheme conviction and sentencing affirmed except as to abuse of trust enhancement… Morris affirmed, reversed (memorandum). [Read more…]
Lacey Act, outfitter v. client permit
LACEY ACT: Outfitter who failed to obtain special-use permit violated Act by client’s taking of mountain lion notwithstanding that client had permits to hunt on FS land… Lovell affirmed (memorandum). [Read more…]