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…]
Child pornography, “framed” Defendant
CHILD PORNOGRAPHY: Sufficient evidence to convict over claim that Defendant was framed by ex-wife’s boyfriend… Watters affirmed (memorandum). [Read more…]
Medical marijuana possession, appropriations rider
MEDICAL MARIJUANA provider properly charged with federal possession with intent to distribute notwithstanding appropriations rider because he was not in strict compliance with state law requiring a landlord permission form… probable cause for search warrant based on informant’s statements corroborated with power records… Christensen affirmed (memorandum). [Read more…]
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