VERDICT: $5,000, rear-end MVA, neck/back. [Read more…]
Sentencing, meth, remanded calculation
SENTENCING: Large quantity of meth attributable to co-conspirators properly considered on remand in recalculating Guidelines range based on less than 50 grams of meth attributable to Defendant. . . Haddon affirmed (memorandum). [Read more…]
$57,440.94 fees/costs re quashed subpoena requests
$57,440.94 fees & costs granted to CARD Clinic & CARD Foundation in relation to Defendants’ quashed subpoena requests. . . Eddy. [Read more…]
FCPA, NPS pass receipt with debit card expiration date
FAIR CREDIT REPORTING: Plaintiff alleging identity theft resulting from Park Service printing pass receipt with full debit card expiration date lacks standing to sue NPS because she failed to establish causation. . . amendment to cure standing defects would be futile because Congress did not waive sovereign immunity (US is not a “person”). . . Watters affirmed. [Read more…]
Lonesome Wood Vegetation Project, injunction
LONESOME WOOD VEGETATION PROJECT: Injunction properly dissolved on summary judgment. . . Morris affirmed. [Read more…]
Environment, new road blocked by berms
ENVIRONMENT: New road to be blocked by berms to prevent motorized access not countable toward “linear miles of total roads”… Christensen affirmed. [Read more…]
Sentencing, judge v. jury finding of meth amount
SENTENCING: Petition for rehearing en banc denied as to Panel’s ruling that Haddon improperly found 4.536 kg of meth for sentencing purposes when jury found less than 50 grams… order. [Read more…]
Environment, whitebark pine listing
ENVIRONMENT: Listing whitebark pine as “warranted but precluded” satisfied ESA where many species are subject to threats as world changes… Christensen affirmed. [Read more…]
Environment, Cabin Gulch, elk/grizzlies
ENVIRONMENT: Challenge to Cabin Gulch Vegetation Project based on elk and grizzly concerns properly rejected… Christensen affirmed (unpublished). [Read more…]
Sentencing, meth quantity, judge v. jury
SENTENCING: Judge improperly found 4.536 kg of meth for sentencing purposes when jury found less than 50 grams… organizer enhancement relied on unreliable hearsay… Haddon reversed. [Read more…]