DRUGS: Defendant lawfully stopped for driving in left lane… Molloy affirmed (memorandum). [Read more…]
Obstruction of justice, lying about sex with victim
OBSTRUCTION OF JUSTICE enhancement to aggravated sexual abuse sentence properly imposed for Defendant’s testimony at trial that he did not have sex with the victim in contrast to his prior statements that he had sex with her… Morris affirmed (memorandum). [Read more…]
Sentencing, McCoy claim as to counsel’s guilt concession
SENTENCING: McCoy claim that trial counsel conceded drug Defendant’s guilt on felon possessing firearm over his express objection improperly summarily dismissed… Watters reversed (memorandum). [Read more…]
Child assault/aggravated sex abuse (published)
CHILD ASSAULT/AGGRAVATED SEX ABUSE: Convictions affirmed over challenges to charging felony child abuse under Major Crimes Act and serious injury enhancement for aggravated sexual abuse by force or threat… Morris affirmed. [Read more…]
Child assault/aggravated sex abuse (memorandum)
CHILD ASSAULT/AGGRAVATED SEX ABUSE: Convictions affirmed over challenges to sufficiency of evidence as to serious injury, lesser-included offense, subpoena to call son to testify, preindictment delay… Defendant was incorrectly warned that if he asked his witnesses about the victim’s credibility the US could ask about his credibility even if he did not testify, but no prejudice shown as none of the witnesses would have testified about the victim’s character for untruthfulness… remanded for resentencing as to assault resulting in serious injury and obstruction of justice enhancement… Morris affirmed, reversed (memorandum). [Read more…]
Ineffective assistance, failure to appeal when requested
INEFFECTIVE ASSISTANCE: Sufficient facts alleged for claim that counsel was ineffective for failing to file notice of appeal when requested to warrant evidentiary hearing… Christensen reversed (memorandum). [Read more…]
“Indian person” status stipulation, sex abuse Defendant
INDIAN PERSON: Counsel not ineffective for stipulating to “Indian person” status of sex abuse Defendant… Morris affirmed (memorandum). [Read more…]
Indians, theft from tribal health facility
INDIANS: Convictions of theft from tribal healthcare facility affirmed… Morris affirmed (unpublished). [Read more…]
Child pornography, “in concert with” 3 others
CHILD PORNOGRAPHY: Defendants acted “in concert with” at least 3 others in sharing child porn on message board, properly convicted of participating in exploitation enterprise… sharing with closed community of 40-45 constituted advertisements under §2251(d) (1st impression in 9th Circuit)… victim’s losses caused by original abuse should be disaggregated from losses attributable to continued viewing consistent with subsequent Galan rule… Molloy affirmed, reversed. [Read more…]