Michael Donahoe

Felon in possession, implicit waiver of closing

April 11, 2015 By lilly

FELON IN POSSESSION: Sufficient evidence to support conviction… counsel implicitly waived right to closing argument (1st impression)… Molloy affirmed. [Read more…]

Drugs, conspiracy, buyer-seller instruction

April 11, 2015 By lilly

DRUGS: Conviction of conspiracy to possess with intent to distribute and distribution of meth affirmed… specific buyer-seller instruction not necessary… Haddon affirmed. [Read more…]

Felon in possession/robbery/brandishing

February 14, 2015 By lilly

FELON IN POSSESSION/ROBBERY/BRANDISHING convictions affirmed… Christensen affirmed (unpublished). [Read more…]

Child pornography

June 28, 2014 By lilly

CHILD PORNOGRAPHY: Prior state sexual assault conviction properly considered in sentencing… Christensen affirmed (unpublished). [Read more…]

Revocation, lifetime supervision reimposition

December 28, 2013 By lilly

REVOCATION: Lifetime supervised release upon revocation of initial supervised release not barred by §3583(h) even when accompanied by prison term… Molloy affirmed. [Read more…]

Insurance/mail fraud, “white glove” policy

October 12, 2013 By lilly

INSURANCE/MAIL FRAUD: Materiality lacking in claim under “white glove” mansion policy for living expenses based on ambiguous standard of living clause (not actual cost) even though payment was based on misrepresented [Read more…]

Revocation, recanted confession, burden of proof

August 31, 2013 By lilly

REVOCATION: Opper rule requiring conviction based on more than uncorroborated confession not extended to revocation of supervised release (1st impression), revocation properly based on recanted confession of child porn Defendant’s unauthorized contacts with minors following thorough hearing… Lovell [Read more…]