WITNESS VOUCHING claim by sex offender registration Defendant rejected. . . Watters affirmed (memorandum). [Read more…]
Supervised release, “long condition” alcohol/associations
SUPERVISED RELEASE: “Long condition” pertaining to alcohol and associations permissible. . . “controlled substances” vague as could apply to legally obtained controlled substances, remanded for clarification. . . Molloy affirmed, remanded (memorandum). [Read more…]
Vehicle search, suspicion of narcotics trafficking
VEHICLE SEARCH: Traffic stop properly based on speeding. . . anonymous tip provided sufficient basis to prolong based on suspicion of narcotics trafficking. . . Christensen affirmed (unpublished). [Read more…]
Firearms, search of probationer’s vehicle
FIREARMS: Suppression of evidence seized in searches of probationer’s vehicle following DUI stop properly denied. . . Watters affirmed (unpublished). [Read more…]
Search & seizure, entry of screened patio porch
SEARCH & SEIZURE: Officer with anticipatory search warrant did not violate 4th Amendment by entering screened patio porch to deliver package which Defendant accepted without “re-entering” residence with the package. . . felon in possession of firearms conviction affirmed, but sex offender conditions of release improperly imposed. . . Watters affirmed, reversed (unpublished). [Read more…]
Drugs, prolonged speeding stop
DRUGS: Prolonged speeding stop supported by reasonable suspicion of criminal activity, motion to suppress properly denied… gun in locked suitcase in trunk not “accessible” for purposes of sentencing enhancement although in “proximity” to drugs… Watters affirmed, reversed (unpublished). [Read more…]
Sentencing, §3582(c)(2) reduction, leave to proceed
SENTENCING: §3582(c)(2) reduction is not new, intervening judgment, Defendant must obtain leave to proceed on 2nd §2255 motion (joining sister Circuits)… application denied for lack of newly discovered evidence or new rule of constitutional law… order. [Read more…]
Sexual assault, prior misdemeanor propensity
SEXUAL ASSAULT: 2009 assault properly admitted in charged case to show propensity and similarity, evidence was necessary… Watters affirmed (unpublished). [Read more…]
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