ASSAULT ON OFFICER: Convictions relating to shootout with officers affirmed over Defendant’s claim that he thought he was shooting at souls of 5 people he had killed in Iraq… Watters affirmed (memorandum). [Read more…]
Witness tampering, “crime of violence”
WITNESS TAMPERING as “crime of violence” conviction affirmed… Christensen affirmed (memorandum). [Read more…]
Unconstitutional firearm enhancement, carjacker
FIREARM ENHANCEMENT: Carjacker has no “cause or prejudice” to overturn plea agreement as result of attorney’s failure to anticipate by 2-1/2 years Supreme Court finding residual clause of 18 USC 924(c)(3)(B) (enhanced penalties for firearm during crime of violence) unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]
Charitable care write-off, $165,662 hospital/ambulance
CHARITABLE CARE WRITE-OFF: Value of written-off $165,661.50 hospital/ambulance care properly denied in wrongful death judgment following certification to Montana Supreme Court… Morris affirmed. [Read more…]
Sentencing, explosives enhancement
SENTENCING: Enhancement for explosives Defendants improperly denied in light of subsequent 9th Circuit decisions regarding “controlled substance offense” and Montana drug law… Morris “reversed” (memorandum). [Read more…]
Charitable care write-off, 9th Circuit certified accepted
CHARITABLE CARE WRITE-OFF: Certified questions from 9th Circuit accepted as to hospital and ambulance write-offs related to $578,248 FTCA heart attack death judgment by Morris… order. [Read more…]
Charitable care write-off, certified questions
CHARITABLE CARE WRITE-OFF: Questions certified to Montana Supreme Court as to hospital and ambulance write-offs related to $578,248 FTCA heart attack death judgment by Morris… order. [Read more…]
Robbery
ROBBERY convictions affirmed… Lovell affirmed (memorandum). [Read more…]
Supervised release, no contact with gang members
SUPERVISED RELEASE properly precludes contact with gang members… Molloy affirmed (memorandum). [Read more…]
Drugs, search of probationer’s home
DRUGS: 4th Amendment not violated by search of probationer’s home where meth Defendant was staying… Watters affirmed (memorandum). [Read more…]
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