SENTENCING: 3 years supervised release following 16 months not improper for SS fraud, theft of federal money… Lovell affirmed (unpublished). [Read more…]
Sentencing, mail fraud/money laundering
SENTENCING: Calculation of $2,626,050 mail fraud/laundering loss reasonable under preponderance or clear & convincing standard… 121 months, $1,211,300 restitution affirmed… Molloy affirmed (unpublished). [Read more…]
Sentencing, child porn enhancement, docket
SENTENCING: Maryland docket sheet entries sufficient proof that Maryland “child abuse” conviction involved sexual conduct predicate for child pornography sentencing [Read more…]
Sentencing, credit card fraud/identity theft
SENTENCING: 32 months for credit card fraud/identity theft affirmed… Cebull affirmed (unpublished). [Read more…]
Bank fraud/identity theft, restitution
BANK FRAUD/IDENTITY THEFT: Restitution to 31 account holders properly calculated at $400 each… Molloy affirmed (unpublished). [Read more…]
Sentencing, late-amended PSR, ability to pay
SENTENCING: No prejudice from amended PSR 5 days before hearing, with hearing continued 1 week… no error in failure to resolve ability-to-pay disputes since temporal term not [Read more…]
Sentencing, sex abuse of minor, mandatory, Indian
SENTENCING: Mandatory minimum for aggravated sex abuse of minor not violative of equal protection as applied to Indian, not cruel & unusual… Cebull affirmed (unpublished). [Read more…]
Indians, status for assault prosecution
INDIANS: Defendant with 22% Blackfeet blood fails to meet any of the 2nd-prong Bruce factors, improperly prosecuted as “Indian” for assault… although sufficiency of evidence challenge at close of Government’s case not preserved because no new challenge made [Read more…]