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…]
Child pornography, Instagram CyberTips
CHILD PORNOGRAPHY: Conviction stemming from Instagram CyberTips affirmed… Christensen affirmed (memorandum). [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…]
Career offender, federal/Montana drug laws
CAREER OFFENDER enhancement improperly applied to meth distribution Defendant because Montana cocaine conviction is not a “controlled substance offense” under Guidelines… Watters reversed (memorandum). [Read more…]
Embezzlement, restitution hearing evidence at trial
EMBEZZLEMENT: Judicial review of evidence from restitution hearing improperly taken at bench trial following nolo plea withdrawal.. conviction reversed, remanded for assignment to different judge… Deschamps reversed… order. [Read more…]
Elder exploitation, hearsay/summary evidence
ELDER EXPLOITATION: Conviction affirmed over hearsay and summary evidence challenges… Townsend affirmed (IOR I-3(c)). [Read more…]
Judge substitution, called-back judge, postconviction
JUDGE SUBSTITUTION of retired/called-back McLean properly denied in postconviction proceeding of deliberate homicide Defendant where McLean had presided over trial and sentencing. . . supervisory control denied . . . order. [Read more…]
Theft by deception, fraudulent housing assistance
THEFT BY DECEPTION: Parties improperly stipulated that stipulation to mistrial would not waive right to move for dismissal based on speedy trial violation, but speedy trial right nevertheless not violated. . . jury properly instructed as to “residence,” Defendant properly convicted of fraudulently accepting housing assistance for apartments she lived in only part-time and letting sister & brother live in them. . . Manley affirmed (IOR I-3(c)). [Read more…]
Sentencing, “distracted” Judge, “loser” comment
SENTENCING: Claim of deprivation of due process at DUI sentencing hearing on basis that “distracted” Judge called Defendant a “loser” rejected, counsel not ineffective for not objecting to Judge’s conduct… standard DOC probation condition of permission before engaging in business etc properly imposed…. Deschamps affirmed. [Read more…]
DUI, prior regularity
DUI: Defendant failed to rebut presumption of regularity by asserting that he was not aware of his right to counsel in prior DUI proceedings and did not sign a waiver in addition to finding of lack of credibility… felony DUI affirmed… Larson affirmed. [Read more…]