DRUG USER IN POSSESSION OF FIREARM convictions affirmed… Watters affirmed. [Read more…]
Failure to register as sex offender, “knowingly”
FAILURE TO REGISTER: Jury properly found that Defendant “knowingly” failed to register as sex offender… 84 months imprisonment not unreasonable… Watters affirmed (memorandum). [Read more…]
Protective search, shotgun next to driver
PROTECTIVE SEARCH reasonable when officer saw subject of noise complaint at 2 a.m. sitting in vehicle with shotgun next to him… unloading the gun before allowing Defendant to return to his car evolved into sawed-off shotgun charge… motion to suppress properly denied… Watters affirmed (memorandum). [Read more…]
Violent offender registration
VIOLENT OFFENDER REGISTRATION: Compliance with registration requirements of any state reasonable… Watters affirmed (unpublished). [Read more…]
Indians, Tribal Court domestic assault convictions
INDIANS: Uncounseled Tribal Court domestic assault convictions proper predicates for domestic assault by habitual offender… 9th Circuit reversed (Cebull affirmed). [Read more…]
Sentencing, firearms
SENTENCING: 34 months consecutive to undischarged state sentence for firearms conviction affirmed… Watters affirmed (unpublished). [Read more…]
Indians, tribal convictions/subsequent convictions
INDIANS: Tribal convictions may be used in subsequent prosecutions only if right to counsel guaranteed… petition for rehearing of Panel reversal of Cebull denied. [Read more…]
Indians, right to counsel in prior convictions
INDIANS: Tribal convictions may be used in subsequent prosecutions only if right to counsel guaranteed… Cebull reversed. [Read more…]
Hobbs Act robbery
HOBBS ACT ROBBERY: Mistrial properly denied for US’ misstatement of law as to firearms stipulation… Cebull affirmed (unpublished). [Read more…]
Sentencing, revocation
SENTENCING: 10 months upon revocation affirmed… Shanstrom affirmed (unpublished). [Read more…]