CHILD PORNOGRAPHY: Conviction stemming from Instagram CyberTips affirmed… Christensen 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…]
Sentencing, “sporting exception” to gun possession
SENTENCING: Departure for “sporting exception” properly denied Defendant found with guns in vehicle on way home from hunting… Watters affirmed (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…]
Sentencing, limitation to “online services,” child porn
SENTENCING: Allowing “only one device that has access to online services” by child pornography Defendant not unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]
Sentencing, Montana PFMA, firearm offense level
SENTENCING: Montana PFMA does not categorically require violent force, improperly applied to increase possession of firearm offense level… Watters reversed. [Read more…]
SSD, preclusive effect of another ALJ’s finding
SSD: ALJ properly declined in 2020 to give preclusive effect to another ALJ’s 2012 RFC finding… Claimant failed to show that medical appointments would preclude working on a regular basis… application properly denied… SSA/DeSoto affirmed (memorandum). [Read more…]
Theft of federal Indian funds
THEFT OF FEDERAL FUNDS: Conviction and restitution by Indian domestic/sexual violence chairwoman affirmed… Watters affirmed (memorandum). [Read more…]
Assault, prior assault, speedy trial, unavailable witness
ASSAULT conviction affirmed over claims of improper evidence of prior assault and speedy trial violation for improperly considering doctor “unavailable” witness… Morris affirmed (memorandum). [Read more…]
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