OFFICER SEXUAL ASSAULT: Summary judgment for US precluded by factual dispute as to whether BIA Officer was within his authority when he coerced minor into sexual acts… remanded for bench trial before a different judge… Watters reversed (memorandum). [Read more…]
Sentencing, felon possessing firearm
SENTENCING: Sentence properly imposed following guilty plea to felon possessing firearm over challenges to Judge finding facts in prior Montana felony assault for enhancement and application of Georgia aggravated assault convictions to increase base level for “crime of violence”… Molloy affirmed. [Read more…]
Terry Stop, oddly behaving man carrying gun in blanket
TERRY STOP justified by oddly behaving and dressed man carrying shotgun or rifle in blanket on shoulders indicative of possible intoxication, improperly suppressed in possession of firearm by prohibited person case… Watters reversed (memorandum). [Read more…]
Officer sexual assault, course & scope, FTCA
OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Officer sexual assault, certified question accepted
OFFICER SEXUAL ASSAULT: Whether law officers act within course & scope per FTCA when they use their authority to sexually assault certified question from 9th Circuit accepted. [Read more…]
Officer sexual assault, FTCA course & scope, certified
OFFICER SEXUAL ASSAULT: Whether law officers act within course & scope per FTCA when they use their authority to sexually assault certified to Montana Supreme Court… order on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope. [Read more…]
Supervised release, restrictions on visiting Browning
SUPERVISED RELEASE: Restrictions on Blackfeet tribal member/meth Defendant from visiting Browning without PO approval not an illegal banishment or exclusion or infringement on tribal sovereignty, substantively reasonable in light of town being a magnet and trigger for violation of supervised release… Molloy affirmed. [Read more…]
Sentencing, commission of crime with stolen firearm
SENTENCING: Strict liability enhancement for commission of crime with stolen firearm is constitutional… Christensen affirmed. [Read more…]
Revocation, respond in person before Judge
REVOCATION: Defendant improperly sentenced based on PO’s confidential recommendation of 20 months as opposed to Magistrate’s recommended 5 months and without opportunity to respond in person before Judge . . . Lovell reversed. [Read more…]