SUPERVISORY CONTROL of Abbott denied as to his preliminary injunction barring the AG and SOS from enforcing the AG Opinion interpreting Art. IV §8 term limits… Order. [Read more…]
Money laundering, unfinished custom homes
MONEY LAUNDERING conviction involving unfinished custom homes affirmed… Christensen affirmed (memorandum). [Read more…]
Firearms & domestic violence
FIREARMS & DOMESTIC VIOLENCE: Montana PFMA conviction does not qualify as “misdemeanor crime of violence” forbidding possession of firearms… Christensen reversed. [Read more…]
False statements in report to PO not “judicial exception”
FALSE STATEMENTS in report to a PO do not constitute false statements to a judge that would invoke the “judicial proceeding exception” to the sweeping prohibition against lying to the Federal Government… supervised release properly revoked for lying in report… Molloy affirmed. [Read more…]
Sentencing, hearsay procedural/substantive reliability
SENTENCING: Standard of review of unsworn hearsay at sentencing clarified: the test is whether it is “procedurally” or “substantively” reliable, considered in the disjunctive… both tests met for co-defendants’ hearsay which supported obstruction enhancement of robbery conviction… Haddon affirmed. [Read more…]
Interstate transportation of stolen property/laundering
INTERSTATE TRANSPORTATION OF STOLEN PROPERTY/MONEY LAUNDERING convictions affirmed… Haddon affirmed (memorandum). [Read more…]
Wire fraud, Ponzi scheme, abuse-of-trust enhancement
WIRE FRAUD: Ponzi scheme conviction and sentencing affirmed except as to abuse of trust enhancement… Morris affirmed, reversed (memorandum). [Read more…]
Revocation, notice of alleged violations
REVOCATION: Defendant received insufficient notice of alleged violations. . . remanded for new petition and hearing. . . Molloy reversed (memorandum). [Read more…]
Illegal reentry, “found in” US statute of limitations
ILLEGAL ALIENS: Motion to dismiss illegal reentry indictment as untimely properly denied even assuming constructive knowledge of “found in” US. . . Christensen affirmed (memorandum). [Read more…]
Sentencing, reduction below amended Guidelines
SENTENCING: No reduction below amended Guidelines… Molloy affirmed (unpublished). [Read more…]