CHILD SEX convictions affirmed… Molloy affirmed. [Read more…]
Firearms near school, lenity/scienter
FIREARMS NEAR SCHOOL conviction reversed based on lenity & scienter… Watters reversed. [Read more…]
Child pornography, videos sent by minor
CHILD PORNOGRAPHY conviction affirmed… Christensen affirmed (memorandum). [Read more…]
Attempted sex trafficking of minor, sting
ATTEMPTED SEX TRAFFICKING OF MINOR: Conviction affirmed over challenge to sufficiency of evidence in sting and prospective juror’s outburst that he already knew Defendant was guilty… Christensen affirmed (memorandum). [Read more…]
Kidnap/interstate sex abuse, convictions affirmed
KIDNAP/INTERSTATE SEX ABUSE convictions affirmed… Watters affirmed. [Read more…]
Kidnap of Indian, excited utterance hearsay exception
INDIAN KIDNAP conviction affirmed over excited utterance hearsay exception challenge… Watters affirmed (memorandum). [Read more…]
Career offender, federal/Montana drug laws
CAREER OFFENDER enhancement improperly applied to meth distribution Defendant because Montana cocaine conviction is not a “controlled substance offense” under Guidelines… Watters reversed (memorandum). [Read more…]
Sex trafficking convictions
SEX TRAFFICKING convictions affirmed… Watters affirmed (memorandum). [Read more…]
Child pornography, 2nd warrantless search
CHILD PORNOGRAPHY: 2nd warrantless search of probationer’s home reasonable… Watters affirmed (memorandum). [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…]