DRUGS: Conviction for conspiracy to distribute meth and fentanyl affirmed over challenge to hearsay at sentencing hearing… Christensen affirmed (memorandum). [Read more…]
Drugs, warrants for hotel room, Facebook records
DRUGS: Search warrant for hotel room supported by probable cause… State District Court warrant for California Facebook records authorized under Stored Communications Act… Christensen affirmed. [Read more…]
Sex abuse of minor, challenge to victim’s age
SEX ABUSE OF MINOR: Conviction affirmed over challenge to knowledge of victim’s age and being in “custody, care, or supervisory control”… Morris affirmed (memorandum). [Read more…]
FTCA, BIA ditch rider’s pit bull bite
FTCA: Summary judgment for US properly granted based on landlord-tenant relationship of BIA ditch rider living in BIA housing whose pit bull bit Plaintiff, but improperly granted based on employee’s alleged negligence within scope of his employment… Molloy affirmed, reversed (memorandum). [Read more…]
FTCA, VA nurse’s claims against US
FTCA: VA nurse’s claims against US barred by sovereign immunity… Watters affirmed (memorandum). [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…]
Sentencing, enhancement for gun on car thief’s seat
SENTENCING: Enhancement properly applied to Defendant who had gun on driver’s seat while attempting to hot-wire vehicle… Watters affirmed (memorandum). [Read more…]
Drugs, traffic stop of parolee
DRUGS: Traffic stop correctly extended when officers discovered Defendant was on parole, consent to then search vehicle was voluntary… suppression of meth properly denied… Molloy affirmed (memorandum). [Read more…]
Abusive sexual contact, improper vouching
ABUSIVE SEXUAL CONTACT conviction affirmed over improper vouching… Watters affirmed (memorandum). [Read more…]
Search & seizure, warrantless statements/drugs
SEARCH & SEIZURE: Statements to police and drugs seized from hotel room without warrant properly upheld… Watters affirmed (memorandum). [Read more…]
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