SENTENCING: Large quantity of meth attributable to co-conspirators properly considered on remand in recalculating Guidelines range based on less than 50 grams of meth attributable to Defendant. . . Haddon affirmed (memorandum). [Read more…]
Drugs, prolonged speeding stop
DRUGS: Prolonged speeding stop supported by reasonable suspicion of criminal activity, motion to suppress properly denied… gun in locked suitcase in trunk not “accessible” for purposes of sentencing enhancement although in “proximity” to drugs… Watters affirmed, reversed (unpublished). [Read more…]
Sentencing, judge v. jury finding of meth amount
SENTENCING: Petition for rehearing en banc denied as to Panel’s ruling that Haddon improperly found 4.536 kg of meth for sentencing purposes when jury found less than 50 grams… order. [Read more…]
Sentencing, meth quantity, judge v. jury
SENTENCING: Judge improperly found 4.536 kg of meth for sentencing purposes when jury found less than 50 grams… organizer enhancement relied on unreliable hearsay… Haddon reversed. [Read more…]
Sentencing, girlfriend’s meth at jail
SENTENCING: Girlfriend’s meth at jail properly included in quantity attributable to Defendant… remanded for application of 3rd level reduction amendment… Haddon affirmed (unpublished). [Read more…]
Murder/burglary, expert, felony murder
MURDER/BURGLARY: Testimony of social worker expert properly limited… felony murder supported by evidence that Defendant [Read more…]
Child pornography, search & seizure
CHILD PORNOGRAPHY: Description of what repair tech saw on computer demonstrated probable cause to seize/search computer… sufficient evidence of knowing possession… 108 [Read more…]
Child pornography, sentencing
CHILD PORNOGRAPHY: 240 months substantively reasonable… Haddon affirmed (unpublished). [Read more…]