ILLEGAL MACHINE GUN conviction affirmed over Rule 403/1st Amendment challenge to Defendant’s statements of plan to engage in war with Government, claims of entrapment, lack of mens rea… 72 months reasonable sentence… Watters affirmed (unpublished). [Read more…]
Sexual assault, prior misdemeanor propensity
SEXUAL ASSAULT: 2009 assault properly admitted in charged case to show propensity and similarity, evidence was necessary… Watters affirmed (unpublished). [Read more…]
Drugs, false reason for traffic stop
DRUGS: Stop of suspected meth traffickers not invalidated by officer lying about reason for stop… motion to suppress properly denied… Watters affirmed. [Read more…]
Sentencing, personal meth v. distribution
SENTENCING: Claim that some meth was for personal use rather than distribution rejected… Watters affirmed (unpublished). [Read more…]
Sentencing, harsh as example for Tribe
SENTENCING: Remarks suggesting harsher sentence for assault on officer to set example for Tribe improper, remanded… Molloy reversed (unpublished). [Read more…]
Juvenile Indians, SORNA
JUVENILE INDIANS: SORNA registration properly imposed over FJDA confidentiality and constitutionality challenges… Haddon affirmed. [Read more…]
Counsel substitution/sentencing, sex abuse
COUNSEL SUBSTITUTION/SENTENCING: Substitution of 3rd counsel properly denied… 400 months for aggravated sexual abuse of minor substantively reasonable… Shanstrom affirmed (unpublished). [Read more…]
Drugs/firearms, collusion to delay prosecution
DRUGS/FIREARMS: Claim of collusion to delay state prosecution as ruse to buy time until federal indictment could be obtained rejected… same prosecutor pressing state and [Read more…]
Machine gun, knowledge of possession,
MACHINE GUN: Sufficient circumstantial evidence that Defendant knew he possessed a machine gun… Cebull affirmed (unpublished). [Read more…]
Sentencing, sex abuse of minor, mandatory, Indian
SENTENCING: Mandatory minimum for aggravated sex abuse of minor not violative of equal protection as applied to Indian, not cruel & unusual… Cebull affirmed (unpublished). [Read more…]