FRAUDULENT INVESTMENT SCHEME: Convictions/sentences of 4 Defendants affirmed, 1 conviction reversed… Haddon affirmed, reversed (unpublished). [Read more…]
DUI, prior in absentia DUIs
DUI: No affirmative evidence of infirmity of prior in absentia DUIs… Sherlock affirmed (IOR I-3(d)). [Read more…]
Marijuana/sentencing, state v. federal law
MARIJUANA/SENTENCING: Jury properly instructed to disregard State medical marijuana law… venue properly not [Read more…]
Sentencing, SS fraud/theft of federal money
SENTENCING: 3 years supervised release following 16 months not improper for SS fraud, theft of federal money… Lovell affirmed (unpublished). [Read more…]
Sentencing, theft from tribal organization
SENTENCING: Leader/organizer enhancement for theft from tribal organization proper, but remanded for reconsideration of “abuse of trust” enhancement in light of subsequent Contreras… Haddon affirmed, reversed (unpublished). [Read more…]
Sentencing, “physical restraint” enhancement
SENTENCING: “Physical restraint” enhancement properly applied to assault convictions… weapons enhancement properly applied to defendant who never held knife wielded by other defendant… Haddon affirmed. [Read more…]