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U.S. 1st Circuit Court of Appeals

 

U.S. v. Hernandez (04/06/06 - No. 05-1121)

Rejection of motion for new trial for conspiracy charges related to cocaine smuggling is reversed and remanded to a new judge where the court abused its discretion by not considering the full import of new evidence and rejecting a magistrate judge's credibility determination without hearing the evidence.

http://laws.lp.findlaw.com/1st/051121.html

 

U.S. v. Landrau-Lopez (04/06/06 - No. 05-1299, 05-1300)

Conviction for conspiracy to possess with intent to distribute cocaine is affirmed where a jury instruction issued by the court did not incorrectly shift the burden of proof to the defendant, and where the admission of certain evidence was probative of knowledge, motive or intent and was not unduly prejudicial.

http://laws.lp.findlaw.com/1st/051299.html

 

U.S. v. Saez (04/06/06 - No. 05-2001)

Sentence for aiding and abetting the distribution of heroin is affirmed over defendant's arguments that the court refused to consider the lower sentence his partner in the crime received and the need to avoid unwarranted sentencing disparities in sentencing him according to the sentencing guidelines.

http://laws.lp.findlaw.com/1st/052001.html

 

U.S. v. Deleon (04/07/06 - No. 04-1592)

Conviction and sentence for illegal re-entry is affirmed where: 1) defendant cannot challenge deportation order since he waived administrative appeal; 2) the statute of limitations had not run; 3) defendant waived argument that jury must determine conviction beyond a reasonable doubt; 4) Booker challenge is moot; and 5) transcript delay caused no prejudice.

http://laws.lp.findlaw.com/1st/041592.html

 

U.S. v. Alli (04/07/06 - No. 05-1698)

Sentence enhancements in a case involving mail theft of credit cards is affirmed where: 1) the court's assessment of the amount of loss as the total credit limit of all cards was not clearly erroneous; 2) the defendant met the requirements for a trafficking enhancement; and 3) the sentence was not unreasonable under Booker.

http://laws.lp.findlaw.com/1st/051698.html

 

U.S. v. Smith (04/07/06 - No. 05-1725)

Downward departures to a sentence for crack distribution are vacated and remanded for resentencing where the departures were unreasonable when considering the seriousness of the offenses, the unpromising nature of the defendant's record and the lack of any indication that rehabilitation represented a better prospect than normal.

http://laws.lp.findlaw.com/1st/051725.html

 

U.S. 2nd Circuit Court of Appeals

 

Handberry v. Thompson (04/04/06 - No. 03-0047)

Those portions of district court's judgment, in class action brought by plaintiff inmates in New York City jails challenging defendants' asserted failure to provide them with educational and ancillary services are affirmed to the extent judgment is based on federal law, and are vacated to the extent it is based purely on state law.

http://caselaw.lp.findlaw.com/data2/circs/2nd/030047p.pdf

 

US v. Lopez (04/04/06 - No. 03-1476)

Conviction, based on guilty plea, of illegally reentering the U.S. in violation of 8 U.S.C. sections 1326(a) and (b)(2) is vacated where erroneous statements by the Immigration Judge and the BIA informing defendant that he was ineligible for relief under former section 212(c) of the Immigration and Nationality Act deprived defendant of judicial review within the meaning of 8 U.S.C. section 1326(d)(2).

http://caselaw.lp.findlaw.com/data2/circs/2nd/031476p.pdf

 

Root v. Liston (04/06/06 - No. 05-2004)

Dismissal of a civil rights action on ground of absolute immunity is affirmed where defendant State's Attorney's actions were judicial in nature and Connecticut law arguably confers on prosecutors a limited power to unilaterally raise plaintiff's judicially set bond from $1,000 to $250,000.

http://caselaw.lp.findlaw.com/data2/circs/2nd/052004p.pdf

 

U.S. 3rd Circuit Court of Appeals

 

US v. Cooper (04/04/06 - No. 05-1447)

Jurisdiction exists under 18 U.S.C. section 3742(a)(1) to review criminal sentences for reasonableness. Defendant's sentence for drug-related offenses is affirmed over her claims that her sentence was unreasonable under Booker and that the district court erred when it failed to grant a motion to depart downward. (Amended opinion)

http://caselaw.lp.findlaw.com/data2/circs/3rd/051447pa.pdf

 

Bright v. Westmoreland County (04/04/06 - No. 05-2005)

A state cannot "create danger" giving rise to substantive due process liability by failing to more expeditiously seek someone's detention, by expressing an intention to seek such detention without doing so, or by taking note of a probation violation without taking steps to promptly secure the revocation of the probationer's probation.

http://caselaw.lp.findlaw.com/data2/circs/3rd/052005p.pdf

 

US v. Ramos (04/05/06 - No. 05-1169)

Grant of a motion to suppress evidence in a prosecution for various weapons possession counts is reversed where the totality of the circumstances sufficiently particularized an odor of marijuana to justify a Terry stop of defendants’ car.

http://caselaw.lp.findlaw.com/data2/circs/3rd/051169p.pdf

 

US v. MacEwan (04/05/06 - No. 05-1421)

The use of the Internet satisfies the interstate commerce element of the federal law prohibiting the receipt of child pornography, 18 U.S.C. section 2252A(a)(2)(B).

http://caselaw.lp.findlaw.com/data2/circs/3rd/051421p.pdf

 

US v. Jackson (04/05/06 - No. 05-1454)

Possession of a controlled substance with intent to distribute under 21 U.S.C. section 841(a)(1) is a lesser-included offense of possession of a controlled substance with intent to distribute within 1,000 feet of a school 21 U.S.C. section 860(a).

http://caselaw.lp.findlaw.com/data2/circs/3rd/051454p.pdf

 

U.S. 4th Circuit Court of Appeals

 

US v. Milam (04/06/06 - No. 04-4224)

Sentences at bottom of guideline range, based on guilty pleas to aiding and abetting in distributing an unspecified quantity of Ecstasy, are vacated because the district court violated defendants' Sixth Amendment rights when it relied on facts stated in the presentence report to enhance the defendants' sentences beyond the statutory minimum.

http://caselaw.lp.findlaw.com/data2/circs/4th/044224p.pdf

 

U.S. v. Johnson (04/07/06 - No. 05-4378)

Sentences are presumptively reasonable within a properly calculated guidelines range where: 1) they are legislatively sanctioned and reviewed; 2) Congress identified a certain set of prominent factors under 18 U.S.C.A. section 3553(a) to use in sentencing determinations; and 3) where sentences are based on a factfinding process that invites defendants to raise objections and requires courts to resolve them.

http://caselaw.lp.findlaw.com/data2/circs/4th/054378p.pdf

 

U.S. 5th Circuit Court of Appeals

 

Rosales v. Dretke (04/03/06 - No. 04-70046)

Denial of a death row inmate's petition for writ of habeas corpus is vacated where the procedural default applied by the Texas Court of Criminal Appeals to bar review of defendant's Batson claim was not "firmly established and regularly followed" by that court.

http://caselaw.lp.findlaw.com/data2/circs/5th/0470046cv0p.pdf

 

Mutascu v. Gonzales (04/03/06 - No. 04-60708)

A petition for review from an order of removal and denial of discretionary relief because he had been convicted of an aggravated felony is denied over claims of error regarding whether a conviction for "petty theft with prior jail term" constituted an aggravated felony, and a due process claim.

http://caselaw.lp.findlaw.com/data2/circs/5th/0460708cv0p.pdf

 

US v. Holy Land Found. for Relief & Dev. (04/04/06 - No. 04-11282)

A restraining order indefinitely freezing specific bank accounts is vacated in a case involving attempts by estates of individuals killed during a terrorist attack to collect a default judgment from accounts of an organization previously charged with material support of a terrorist organization, tax evasion, and money laundering.

http://caselaw.lp.findlaw.com/data2/circs/5th/0411282cv0p.pdf

 

US v. Johnson (04/04/06 - No. 05-60695)

A conviction and sentence for being a felon in possession of a firearm is affirmed over claims of error regarding: 1) denial of a motion to suppress evidence involving a gun powder residue test allegedly acquired in violation of his Fourth Amendment rights; and 2) a Booker claim.

http://caselaw.lp.findlaw.com/data2/circs/5th/0560695cr0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

US v. Beasley (04/03/06 - No. 04-6468)

Defendant's sentence as an armed career criminal for being a felon in possession of a firearm is vacated where, although the district court did not err in sentencing defendant as an armed career criminal, he was entitled to resentencing pursuant to a Booker claim.

http://caselaw.lp.findlaw.com/data2/circs/6th/046468p.pdf

 

McCalvin v. Yukins (04/05/06 - No. 05-1111)

Grant of habeas relief from a second degree murder conviction is reversed where it was not contrary to, or an unreasonable application of, clearly established federal law for the Michigan Court of Appeals to hold that defendant's confession was voluntary.

http://caselaw.lp.findlaw.com/data2/circs/6th/051111p.pdf

 

US v. Van Hoosier (04/05/06 - No. 04-6297)

A sentence for drug and firearm-related offenses is reversed pursuant to the government's claim of error where the district court lacked authority to sentence defendant under a different statutory provision than that which he pled guilty to.

http://caselaw.lp.findlaw.com/data2/circs/6th/046297p.pdf

 

US v. Sharp (04/05/06 - No. 04-4065)

An appeal challenging a sentence for conspiracy to make, utter, and possess counterfeit and forged securities is dismissed pursuant to the government's claim that appellant had waived his right to appeal pursuant to the terms of his plea agreement.

http://caselaw.lp.findlaw.com/data2/circs/6th/044065p.pdf

 

Carter v. Mitchell (04/06/06 - No. 99-3207)

Dismissal of a habeas petition brought by an inmate sentenced to death for aggravated murder is affirmed over claims regarding: 1) ineffective assistance of counsel; 2) prosecutorial misconduct; and 3) newly discovered evidence.

http://caselaw.lp.findlaw.com/data2/circs/6th/993207p.pdf

 

US v. Hython (04/06/06 - No. 05-3008)

Denial of a motion to suppress leading to a conviction for possession of crack cocaine with the intent to distribute is reversed where no reasonably objective police officer could have concluded that the warrant at issue was supported by probable cause, and thus the good-faith exception did not apply.

http://caselaw.lp.findlaw.com/data2/circs/6th/053008p.pdf

 

U.S. 7th Circuit Court of Appeals

 

U.S. v. Markovitch (04/03/06 - No. 05-3296)

Sentence enhancement for possession of a firearm by a felon during the commission of a felony is affirmed where there was no clear error in the court's inference, based on the defendant's criminal history and the circumstances of his arrest, that the defendant's firearm was involved in drug trafficking.

http://caselaw.lp.findlaw.com/data2/circs/7th/053296p.pdf

 

Lindell v. Litscher (04/04/06 - No. 04-2020)

Summary judgment for defendants in a prisoner's suit against prison guards for violation of the Eighth Amendment is affirmed where: 1) there was no compelling reason for the guard to believe that the prisoner was at risk; 2) there is no right to be housed with cellmates of the same race or culture; and 3) the prisoner was capable of pro se representation.

http://caselaw.lp.findlaw.com/data2/circs/7th/042020p.pdf

 

U.S. v. Reed (04/07/06 - No. 04-3662)

Denial of motion to suppress incriminating statements made while in police custody in a prosecution for conspiracy to distribute marijuana is affirmed where officers had probable cause to place the defendant under arrest.

http://caselaw.lp.findlaw.com/data2/circs/7th/043662p.pdf

 

U.S. v. Pisman (04/07/06 - No. 05-1625)

Denial of motion for judgment of acquittal is affirmed where the Pinkerton co-conspirator doctrine does not distinguish a case of interstate travel for sex with a minor from others where defendants were acquitted of a predicate offense and convicted of a compound offense, but sentencing is vacated where the court incorrectly applied an 18 U.S.C. 3553(a) factor.

http://caselaw.lp.findlaw.com/data2/circs/7th/051625p.pdf

 

U.S. 8th Circuit Court of Appeals

 

US v. High Elk (04/03/06 - No. 04-3871, 04-3937)

Convictions and sentences for assault resulting in serious bodily injury and simple assault are affirmed over claims of error regarding: 1) double jeopardy; 2) admission of evidence; 3) sentence enhancements for use of a dangerous weapon; and 4) increases to sentencing guidelines ranges based on acquitted conduct.

http://caselaw.lp.findlaw.com/data2/circs/8th/043871p.pdf

 

US v. Timley (04/03/06 - No. 05-1275, 05-1292, 05-1819)

A conviction and sentence for conspiracy to distribute marijuana is affirmed over claims of error regarding: 1) denial of a motion to suppress and a related motion; 2) a failure to file a notice of intent to seek an enhanced sentence due to prior convictions; and 3) a motion for return of property. An order in a related forfeiture matter is reversed pursuant to the government's claims of error.

http://caselaw.lp.findlaw.com/data2/circs/8th/051275p.pdf

 

US v. Eastin (04/04/06 - No. 04-3823)

A sentence for being a felon in possession of a firearm is affirmed over claims that defendant's prior convictions were not violent felonies and that the district court committed constitutional error under Blakely.

http://caselaw.lp.findlaw.com/data2/circs/8th/043823p.pdf

 

US v. Webster (04/04/06 - No. 04-4010)

Defendant's conviction for being a prohibited person in possession of a firearm is affirmed over a claim that the district court erred in instructing the jury regarding his flight from police, and his sentence is vacated and remanded for further proceedings to determine whether prior convictions for operating while under the influence were violent felonies under the Armed Career Criminal Act (ACCA).

http://caselaw.lp.findlaw.com/data2/circs/8th/044010p.pdf

 

US v. Livingston (04/05/06 - No. 04-3825)

A conviction under Arkansas law for breaking or entering a vehicle for purposes of committing a theft is not a violent felony for purposes of sentencing under the Armed Career Criminal Act.

http://caselaw.lp.findlaw.com/data2/circs/8th/043825p.pdf

 

US v. Poe (04/06/06 - No. 05-2914)

A conviction and sentence for being a felon in possession of a firearm is affirmed over a claim that the district court erred in refusing to instruct the jury on his proposed affirmative defense of justification.

http://caselaw.lp.findlaw.com/data2/circs/8th/052914p.pdf

 

Fults v. Sanders (04/06/06 - No. 05-3490)

A judgment striking down a Bureau of Prisons regulation limiting the portion of an inmate's sentence which can be served in a Community Corrections Center or halfway house is affirmed where the district court properly found that the regulation conflicts with provisions of 18 U.S.C. section 3621(b).

http://caselaw.lp.findlaw.com/data2/circs/8th/053490p.pdf

 

U.S. 9th Circuit Court of Appeals

 

US v. Piccolo (04/03/06 - No. 04-10577)

A sentence as a career offender for walkaway escape from a halfway house is reversed where the district court erred in determining that any escape is a crime of violence.

http://caselaw.lp.findlaw.com/data2/circs/9th/0410577p.pdf

 

Tatum v. City & County of San Francisco (04/03/06 - No. 04-15055)

Summary judgment for defendants on claims brought under 42 U.S.C. section 1983 involving allegations of false arrest and excessive force resulting in plaintiff's son's death is affirmed where the police conduct at issue did not deprive decedent of a constitutional right, and the district court did not abuse its discretion by denying a request for additional discovery.

http://caselaw.lp.findlaw.com/data2/circs/9th/0415055p.pdf

 

Rivas-Gomez v. Gonzales (04/03/06 - No. 03-72087)

An Oregon conviction for rape in the third degree, or "sexual intercourse with another person under 16 years of age," constitutes an aggravated felony for purposes of removal. A petition for review from order terminating asylee status and requiring removal is granted in part where the immigration judge erred in applying an "extreme hardship" standard to petitioner's waiver application.

http://caselaw.lp.findlaw.com/data2/circs/9th/0372087p.pdf

 

Afridi v. Gonzales (04/04/06 - No. 04-76600)

A petition for review of a decision dismissing petitioner's appeal and ordering him removed to Afghanistan is granted in part where the Board of Immigration Appeals failed to apply the proper legal standard in determining petitioner's eligibility for withholding of removal.

http://caselaw.lp.findlaw.com/data2/circs/9th/0476600p.pdf

 

US v. Curtin (04/04/06 - No. 04-10632)

A conviction and sentence for traveling across state lines with intent to engage in a sexual act with a minor and use of an interstate facility to attempt to persuade a minor to engage in sex is reversed in part pursuant to a claim of erroneous admission of evidence of certain stories about adults having sex with children.

http://caselaw.lp.findlaw.com/data2/circs/9th/0410632p.pdf

 

US v. Transfiguracion (04/05/06 - No. 04-10457, 04-10458)

Decisions dismissing an indictment for drug-related offenses against defendants on the grounds that the terms of their plea agreements prohibited the government from prosecuting them for the offenses covered by the indictment is affirmed where the district court properly interpreted the plea agreements at issue.

http://caselaw.lp.findlaw.com/data2/circs/9th/0410457p.pdf

 

Vasquez-Ramirez v. US Dist. Court for the S. Dist. of California (04/06/06 - No. 04-75715)

Once a prosecutor brings charges against a defendant, Federal Rule of Criminal Procedure 11 requires the judge to accept the defendant's guilty plea to those charges provided the plea meets the requirements of Rule 11(b), and it does not matter whether the judge feels a prosecutor's charging decision was too aggressive or too lenient.

http://caselaw.lp.findlaw.com/data2/circs/9th/0475715p.pdf

 

US v. Garcia-Beltran (04/06/06 - No. 05-30434)

Grant of a motion by the government to require a defendant to provide a pretrial fingerprint exemplar following suppression of earlier fingerprint exemplars is affirmed over claims that: 1) the law of the case doctrine and the rule of mandate precluded granting of such motion; and 2) without an independent basis for fingerprinting, the evidence was subject to the exclusionary rule.

http://caselaw.lp.findlaw.com/data2/circs/9th/0530434p.pdf

 

US v. Kilby (04/07/06 - No. 05-30112)

A convicted for conspiracy to distribute and possess with intent to distribute controlled substances is affirmed over claims of insufficiency of the evidence, and a sentence vacated where the district court clearly erred in its guidelines calculation by using an insufficiently reliable method of approximating the amount of "Foxy" attributable to defendant.

http://caselaw.lp.findlaw.com/data2/circs/9th/0530112p.pdf

 

U.S. 10th Circuit Court of Appeals

 

US v. Williams (04/04/06 - No. 05-1049)

A conviction and sentence for being a felon in possession of a firearm is affirmed over claims that his predicate offense did not constitute a felony, and that a supplemental instruction given by the district court after defense counsel's closing argument was erroneous.

http://laws.lp.findlaw.com/10th/051049.html

 

US v. Rodriguez-Quintanilla (04/04/06 - No. 05-2043)

A consecutive sentence imposed for illegal reentry subsequent to deportation for an aggravated felony and for violation of terms of defendant's supervised release is affirmed over claims that the district court abused its discretion in imposing a consecutive sentence and the consecutive sentence was unreasonable post-Booker.

http://laws.lp.findlaw.com/10th/052043.html

 

Dulworth v. Evans (04/05/06 - No. 05-6351)

Even if a habeas petition challenges a pertinent administrative decision rather than a state court judgment, 28 U.S.C. section 2244(d)(1)'s one-year limitation period is applicable. Dismissal of a habeas petition is reversed where petitioner's limitation period did not begin until a decision rejecting his administrative appeal became final.

http://laws.lp.findlaw.com/10th/056351.html

 

US v. Dozier (04/06/06 - No. 05-6259)

Federal Rules of Criminal Procedure Rule 32(h) survives the decision in US v. Booker and requires a court to notify both parties of any intention to depart from the advisory sentencing guidelines as well as the basis for such a departure when the ground is not identified in the presentence report or in a party's prehearing submission.

http://laws.lp.findlaw.com/10th/056259.html

 

State of Wyoming v. Livingston (04/07/06 - No. 04-8085, 04-8087)

Grant of motions to dismiss misdemeanor prosecutions for trespass and littering brought against a federal officer and contractor involved in the federal reintroduction of wolves in Wyoming is affirmed where the district court properly granted defendants immunity based on the Supremacy Clause, since the evidence supported a suspicion that the prosecution was not a bona fide effort to punish a violation of state law, but rather an attempt to hinder a locally unpopular federal program.

http://laws.lp.findlaw.com/10th/048085.html

 

US v. Baz (04/07/06 - No. 05-2106)

A conviction for possession with intent to distribute marijuana is affirmed over a claim that the district court erred in finding that the evidence warranted a deliberate ignorance instruction to the jury with regards to the knowledge element of the crime.

http://laws.lp.findlaw.com/10th/052106.html

 

U.S. 11th Circuit Court of Appeals

 

Espy v. Massac (04/03/06 - No. 04-16416)

Denial of habeas corpus petition is affirmed over claim that petitioner's Sixth Amendment right to confront witnesses was violated when a police officer was permitted to testify regarding out-of-court statements made by two witnesses.

http://caselaw.lp.findlaw.com/data2/circs/11th/0416416p.pdf

 

US v. Williams (04/06/06 - No. 04-15128)

Conviction for promotion of child pornography under 18 U.S.C. section 2252A(a)(3)(B) is reversed on the grounds of facial unconstitutionality. Sentence based on conviction of possession of child pornography under 18 U.S.C. section 2252A(a)(5)(B) is affirmed over claim it was unconstitutionally enhanced under mandatory guidelines in violation of Booker.

http://caselaw.lp.findlaw.com/data2/circs/11th/0415128p.pdf

 

U.S. District of Columbia Circuit Court of Appeals

 

US v. Ginyard (04/07/06 - No. 05-3003, 05-3004, 05-3025, 05-3035)

Convictions for possession with intent to distribute cocaine base and distribution of a detectable amount of cocaine base are vacated where the district court abused its discretion in dismissing a holdout juror because the district court failed to conduct an adequate inquiry regarding the holdout juror's continuing availability.

http://caselaw.lp.findlaw.com/data2/circs/dc/053003a.pdf

 

Supreme Court of California

 

People v. Jurado (04/06/06 - No. S042698)

A conviction and death sentence for first degree murder and related offenses is affirmed over claims of error regarding: 1) double jeopardy; 2) vindictive prosecution; 3) voir dire procedures; 4) a Batson claim; 5) admission of evidence; 6) sufficiency of the evidence; 7) jury instructions; 8) cumulative error; 9) constitutionality of the lying-in wait special circumstance; 10) exclusion of evidence; 11) prosecutorial misconduct; and 12) the constitutionality of the death penalty law.

http://caselaw.lp.findlaw.com/data2/californiastatecases/s042968.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s042698.pdf

 

New York Court of Appeals

 

People v. Bosier (04/04/06 - No. 43)

Convictions of assault and weapon possession are upheld over claim that trial court's allowing prosecution to introduce selective portions of complaining witness's grand jury testimony but denying defendant's request to introduce additional grand jury testimony of that witness, deprived defendant of his constitutional rights to a fair trial and to present a defense.

http://caselaw.lp.findlaw.com/data/ny/cases/app/43opn06.pdf

 

People v. Wardlaw (04/04/06 - No. 40)

Convictions of rape, sodomy and several related crimes committed on a minor are affirmed despite a harmless error in allowing defendant to proceed pro se at suppression hearing.

http://caselaw.lp.findlaw.com/data/ny/cases/app/40opn06.pdf

 

California Appellate Districts

 

People. v. Markley (04/03/06 - No. D045682)

Six-year sentence for felony stalking that included consecutive sentences is reversed and remanded where the trial court erred in imposing both a consecutive two-year term under Penal Code section 646.9(a) and a three-year term under section 646.9(c)(2).

http://caselaw.lp.findlaw.com/data2/californiastatecases/d045682.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/d045682.pdf

 

People v. Gonzalez (04/04/06 - No. H028212)

Sentence failing to allocate custody credits, in case involving convictions for possession of a firearm by a felon, auto theft, and misdemeanor resisting or obstructing a public officer, resulting in loss of 315 days, is reversed where the rule of strict causation does not apply in this case.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/h028212.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/h028212.pdf

 

People v. Severance (04/05/06 - No. C048410)

A trial court has the power to direct a verdict of sanity when there is no substantial evidence that the defendant was insane at the time of his crimes.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c048410.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c048410.pdf

 

People v. Ryan (04/05/06 - No. F047368)

Two convictions and sentences for forgery are vacated since defendant could be convicted of forgery only once each with respect to the incidents at issue. Sentence for misdemeanor fraudulent use of an access card is vacated due to an excessive sentence.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/f047368.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/f047368.pdf

 

People v. Bobbitt (04/07/06 - No. C049287)

Sentence for sale and offer to sell cocaine is affirmed where defendant did not acquire the certificate of probable cause required to challenge a negotiated sentence imposed as part of a plea bargain.

http://caselaw.lp.findlaw.com/data2/californiastatecases/C049287.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/C049287.pdf

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