DRUG USER IN POSSESSION OF FIREARM convictions affirmed… Watters affirmed. [Read more…]
Firearms near school, lenity/scienter
FIREARMS NEAR SCHOOL conviction reversed based on lenity & scienter… Watters reversed. [Read more…]
Firearms & domestic violence
FIREARMS & DOMESTIC VIOLENCE: Montana PFMA conviction does not qualify as “misdemeanor crime of violence” forbidding possession of firearms… Christensen reversed. [Read more…]
Sentencing, “large capacity” magazine, Glock 17
SENTENCING: “Large capacity magazine” properly construed by Sentencing Commission as 15 rounds, Glock 17 rounds properly used to enhance felon in possession’s base offense… Christensen affirmed. [Read more…]
Sentencing, felon possessing firearm
SENTENCING: Sentence properly imposed following guilty plea to felon possessing firearm over challenges to Judge finding facts in prior Montana felony assault for enhancement and application of Georgia aggravated assault convictions to increase base level for “crime of violence”… Molloy affirmed. [Read more…]
Sentencing, Montana PFMA, firearm offense level
SENTENCING: Montana PFMA does not categorically require violent force, improperly applied to increase possession of firearm offense level… Watters reversed. [Read more…]
Sentencing, explosives enhancement
SENTENCING: Enhancement for explosives Defendants improperly denied in light of subsequent 9th Circuit decisions regarding “controlled substance offense” and Montana drug law… Morris “reversed” (memorandum). [Read more…]
Sentencing, felon in possession, appeal waiver
SENTENCING: Guidelines range sentence for felon in possession of firearm not “constitutionally defective,” waiver of right to appeal applies… Haddon affirmed (memorandum). [Read more…]
Child pornography, interstate commerce
CHILD PORNOGRAPHY: Connection to interstate commerce not required for production charge… Morris reversed (memorandum). [Read more…]