PROHIBITED PERSON FIREARM: Scienter not required for enhancement despite Sentencing Commission’s commentary… Christensen affirmed (memorandum). [Read more…]
Sentencing, “large capacity” magazine, Glock 17
SENTENCING: “Large capacity magazine” properly construed by Sentencing Commission as 15 rounds, Glock 17 rounds properly used to enhance felon in possession’s base offense… Christensen affirmed. [Read more…]
Sentencing, felon possessing firearm
SENTENCING: Sentence properly imposed following guilty plea to felon possessing firearm over challenges to Judge finding facts in prior Montana felony assault for enhancement and application of Georgia aggravated assault convictions to increase base level for “crime of violence”… Molloy affirmed. [Read more…]
Sentencing, limitation to “online services,” child porn
SENTENCING: Allowing “only one device that has access to online services” by child pornography Defendant not unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]
False statements in report to PO not “judicial exception”
FALSE STATEMENTS in report to a PO do not constitute false statements to a judge that would invoke the “judicial proceeding exception” to the sweeping prohibition against lying to the Federal Government… supervised release properly revoked for lying in report… Molloy affirmed. [Read more…]
Supervised release, no contact with gang members
SUPERVISED RELEASE properly precludes contact with gang members… Molloy affirmed (memorandum). [Read more…]
Sentencing, commission of crime with stolen firearm
SENTENCING: Strict liability enhancement for commission of crime with stolen firearm is constitutional… Christensen affirmed. [Read more…]
Revocation, notice of alleged violations
REVOCATION: Defendant received insufficient notice of alleged violations. . . remanded for new petition and hearing. . . Molloy reversed (memorandum). [Read more…]
Supervised release, “long condition” alcohol/associations
SUPERVISED RELEASE: “Long condition” pertaining to alcohol and associations permissible. . . “controlled substances” vague as could apply to legally obtained controlled substances, remanded for clarification. . . Molloy affirmed, remanded (memorandum). [Read more…]
Endangered species, “self-defense” grizzly shooting
ENDANGERED SPECIES: Claim of self-defense shooting of grizzly improperly analyzed under “objectively reasonable” rather than “subjectively reasonable” standard, conviction reversed, remanded. . . improper burden of proving nonexistence of a taking permit on US not grounds for reversal. . . Defendant not entitled to jury trial. . . Lynch/Christensen affirmed, reversed. [Read more…]
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