SENTENCING: Enhancement for explosives Defendants improperly denied in light of subsequent 9th Circuit decisions regarding “controlled substance offense” and Montana drug law… Morris “reversed” (memorandum). [Read more…]
Sex abuse, victim intoxication
SEX ABUSE: Claims of ineffective assistance relating to victim intoxication rejected… Morris affirmed (memorandum). [Read more…]
Interfering with Forest Officer, “hyperbolic” statements
INTERFERING WITH FOREST OFFICER: “Hyperbolic” statements about having AR-15 and knowing how to use it to “trespassing” officers constituted “true threats”… conviction affirmed… Morris affirmed (memorandum). [Read more…]
Drugs, traffic stop extended beyond initial mission
DRUGS: Trooper had reasonable suspicion of drug activity to extend traffic stop beyond initial mission of checking sobriety, addressing swerving. . . suppression of meth properly denied. . . Watters affirmed (unpublished). [Read more…]
Drugs/firearms, life for alien meth trafficking
DRUGS/FIREARMS/SENTENCING: Convictions and life sentence for meth trafficking and firearms by illegal alien affirmed… Morris affirmed (unpublished). [Read more…]
Sex abuse of minor, basement search for teens
SEX ABUSE OF MINOR: Warrantless search of basement with missing teen girls, adult males, alcohol justified by nonverbal consent of Defendant’s mother, exigent circumstances… Morris affirmed (unpublished). [Read more…]
Indians, Indian status of Defendant, victim
INDIANS: Sufficient evidence that murder Defendant was “Indian”… Haddon affirmed (unpublished). [Read more…]
Drugs, Amtrak meth stop
DRUGS: Amtrak meth stop convictions affirmed… Morris affirmed (unpublished). [Read more…]
Indian thefts, enhancement, restitution
INDIAN THEFTS: Sentence for thefts from tribal entities properly enhanced by theft from individual… $19,735.77 restitution proper… Morris affirmed (unpublished). [Read more…]
Plea withdrawal, 2nd-degree murder, DUI deaths
PLEA WITHDRAWAL/SENTENCING: Withdrawal of guilty plea to 2nd degree murder for 4 DUI deaths properly denied… reduction of 405 months sentence for accepting responsibility rejected… Haddon affirmed (unpublished). [Read more…]