CHILD ABUSE: Guidelines’ commentary supports interpretation of ambiguous “aggravated assault” to include strangulation of a child… Morris affirmed (memorandum). [Read more…]
Drugs, fentanyl text messages from decedent
DRUGS: Fentanyl conviction affirmed over challenge to text messages from decedent… Morris affirmed (memorandum). [Read more…]
MVA assault, high-speed wreck
MVA ASSAULT: High-speed collision properly found reckless… Morris affirmed (memorandum). [Read more…]
Sex abuse of minor, challenge to victim’s age
SEX ABUSE OF MINOR: Conviction affirmed over challenge to knowledge of victim’s age and being in “custody, care, or supervisory control”… Morris affirmed (memorandum). [Read more…]
Felon in possession, large magazine in photo
FELON IN POSSESSION: Sentence enhancements for semiautomatic capable of large magazine and possessing 8 or more firearms by pawn shop employee affirmed… Morris affirmed. [Read more…]
Obstruction of justice, lying about sex with victim
OBSTRUCTION OF JUSTICE enhancement to aggravated sexual abuse sentence properly imposed for Defendant’s testimony at trial that he did not have sex with the victim in contrast to his prior statements that he had sex with her… Morris affirmed (memorandum). [Read more…]
Sex abuse of child, convictions affirmed
SEX ABUSE OF CHILD convictions affirmed… Morris affirmed (memorandum). [Read more…]
Traffic stop, probation absconder, drugs
TRAFFIC STOP of probation absconder resulting in drugs upheld over claims of no reasonable suspicion for stop and attenuation doctrine not applying… Morris affirmed (memorandum). [Read more…]
Sentencing, supervised release violation, more prison
SENTENCING: Sentence for violating supervised release which extends incarceration beyond maximum for felon in possession without jury findings per 9th Circuit precedent not violative of 5th/6th Amendments under Haymond plurality… Morris affirmed. [Read more…]
Domestic abuse, doctors’ hearsay husband was attacker
DOMESTIC ABUSE: Doctors’ testimony that wife said her husband was the one who attacked her erroneously admitted but harmless error… Morris affirmed (memorandum). [Read more…]