REVOCATION: 3 consecutive sentences properly imposed for 2 meth violations of 1 term of supervised release… Lovell affirmed (memorandum). [Read more…]
Firearms, “possession”
FIREARMS: Sufficient evidence for jury to find that Defendant “possessed” guns, properly instructed on “possession”… Watters affirmed (memorandum). [Read more…]
Sentencing, supervised release not just for sex treatment
SENTENCING: Supervised release not just for “unnecessary” sex treatment, but also as sanction for breaches of Court’s trust and public protection… Morris affirmed (memorandum). [Read more…]
Prisoners, recorded jail phone call
PRISONERS: Civil damages and criminal punishment only remedies available for warrantless recording of jail phone calls, not exclusion of evidence obtained… Lovell affirmed (unpublished). [Read more…]
Firearms, component kits, demilled receiver
FIREARMS: Sufficient evidence that kits had all components for assembling a firearm, no need to address whether demilled receiver may support conviction of manufacturing/dealing… no prejudicial spillover of evidence on acquitted machine gun count… Christensen affirmed (unpublished). [Read more…]
Sentencing, firearms
SENTENCING: 34 months consecutive to undischarged state sentence for firearms conviction affirmed… Watters affirmed (unpublished). [Read more…]
Plea agreement, firearms, too lenient
PLEA AGREEMENT reducing firearms export/mailing from 46-57 months to 1-6 months too lenient as not reflecting seriousness… Molloy. [Read more…]
Felon in possession, implicit waiver of closing
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
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…]
Right to counsel, judicial expeditiousness
RIGHT TO COUNSEL infringed by insistence on expeditiousness in denying post-deadline motion for continuance to proceed to trial with counsel of choice… drug conviction reversed, remanded for re-trial… Haddon reversed (unpublished). [Read more…]