SENTENCING: Improperly withheld information as to one informant unlikely to alter jury’s credibility evaluation, but failure to disclose other informant’s bias and exaggerated role possibly affected jury’s determination of amount of meth trafficked and resulting stiff sentence contrary to US’s niggling view of the undisclosed information… Defendant to be resentenced with lower maximums/minimums without informant’s testimony (too many reasons to disbelieve it) absent persuasive corroborating evidence… Molloy. [Read more…]
Traffic stop, “following too closely”
TRAFFIC STOP: Challenge to “following too closely” properly rejected… Watters affirmed (memorandum). [Read more…]
Medical marijuana possession, appropriations rider
MEDICAL MARIJUANA provider properly charged with federal possession with intent to distribute notwithstanding appropriations rider because he was not in strict compliance with state law requiring a landlord permission form… probable cause for search warrant based on informant’s statements corroborated with power records… Christensen affirmed (memorandum). [Read more…]
Drugs, purity of meth by extrapolation
DRUGS: Purity of meth properly extrapolated to quantity found by jury in imposing sentence. . . Watters affirmed (memorandum). [Read more…]
Double jeopardy, PFMA retrial
DOUBLE JEOPARDY would be violated by PFMA trial following termination of trial by Judge concerned that jury was poisoned by alleged victim’s suggestion that officer serving subpoena influenced her to testify against Defendant… dismissed with prejudice… Kolar reversed. [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Convictions and life sentence for meth trafficking and firearms by illegal alien affirmed… Morris affirmed (unpublished).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…]
Sentencing, untimely §2255 motion, innocence
SENTENCING: §2255 motion properly denied as untimely, 1-year statute not tolled because Defendant could not establish actual innocence of possessing firearms in furtherance of drug conspiracy… Cebull affirmed (unpublished). [Read more…]
Postconviction, homicide counsel’s unpreparedness
POSTCONVICTION claims of ineffective assistance by unpreparedness in examination of murder witness properly rejected without hearing as having been decided on direct appeal… affidavits do not change prior holding of no prejudice… Jones affirmed (IOR I-3(d)). [Read more…]
Sentencing, assault with weapon
SENTENCING: 62 months for assault with weapon substantively reasonable… Molloy affirmed (unpublished). [Read more…]
SORNA, ex post facto, due process
SORNA: Ex post facto, due process challenges properly rejected, failure-to-register conviction affirmed… superseding opinion… Shanstrom affirmed. [Read more…]