SEARCH & SEIZURE: Statements to police and drugs seized from hotel room without warrant properly upheld… Watters affirmed (memorandum). [Read more…]
Felon in possession, large magazine in photo
FELON IN POSSESSION: Sentence enhancements for semiautomatic capable of large magazine and possessing 8 or more firearms by pawn shop employee affirmed… Morris affirmed. [Read more…]
Drugs, stop for driving in left lane
DRUGS: Defendant lawfully stopped for driving in left lane… Molloy affirmed (memorandum). [Read more…]
Attempted sex trafficking of minor, sting
ATTEMPTED SEX TRAFFICKING OF MINOR: Conviction affirmed over challenge to sufficiency of evidence in sting and prospective juror’s outburst that he already knew Defendant was guilty… Christensen affirmed (memorandum). [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…]
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…]
Fraudulent ARD claims, $5,826,023 qui tam
FRAUDULENT ARD CLAIMS: $5,826,023 to US for false claims by CARD with Qui Tam Relator BNSF awarded 25% plus $1,423,936.58 fees/costs affirmed… Christensen affirmed (memorandum). [Read more…]
Prohibited person firearm, scienter not required
PROHIBITED PERSON FIREARM: Scienter not required for enhancement despite Sentencing Commission’s commentary… Christensen affirmed (memorandum). [Read more…]
Sex abuse conviction
SEX ABUSE conviction affirmed… Morris affirmed (memorandum). [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…]
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