U.S. Supreme Court

 

Salinas v. United States (04/24/06 - No. 05-8400)

Judgment of the Fifth Circuit is vacated and remanded where the court erred in treating a prior conviction for simple possession as a "controlled substance offense" for sentencing guideline purposes, since that term requires elements other than simple possession.

http://laws.findlaw.com/us/000/05-8400.html

 

Day v. McDonough (04/25/06 - No. 04–1324)

Dismissal of a habeas petition as untimely under the Antiterrorism and Effective Death Penalty Act's (AEDPA) one-year limitation is affirmed where, under the circumstances at hand a district court had discretion to correct the state's erroneous computation sua sponte when it confronted no intelligent waiver on the state's part and only an evident miscalculation of time.

http://laws.lp.findlaw.com/us/000/041324.html

 

Hartman v. Moore (04/26/06 - No. 04–1495)

A plaintiff in a retaliatory-prosecution action must plead and show the absence of probable cause for pressing the underlying criminal charges.

http://laws.lp.findlaw.com/us/000/041495.html

 

U.S. 1st Circuit Court of Appeals

 

US v. Lizardo (04/26/06 - No. 04-1714)

Conviction and sentence of a police officer for charges related to cocaine-trafficking are affirmed over defendant's claims of: 1) insufficient evidence; 2) erroneous inclusion and exclusion of evidence; 3) a prejudicial jury instruction; 4) prosecutorial misconduct; 6) illegal use of wiretap evidence; and 5) sentencing errors.

http://laws.lp.findlaw.com/1st/041714.html

 

U.S. 3rd Circuit Court of Appeals

 

US v. Risha (04/24/06 - No. 04-4677)

Grant of a new trial on Brady grounds is reversed and remanded where the district court did not address the question of whether there was cross-jurisdictional constructive knowledge of impeachment evidence by federal prosecutors.

http://caselaw.lp.findlaw.com/data2/circs/3rd/044677p.pdf

 

US v. Pennavaria (04/24/06 - No. 04-3556)

Sentence for money-laundering and conspiracy is vacated and remanded under a Booker analysis where the district court treated sentencing guidelines as mandatory, and where the potential for a higher sentence did not violate the ex post facto clause.

http://caselaw.lp.findlaw.com/data2/circs/3rd/043556p.pdf

 

U.S. 4th Circuit Court of Appeals

 

US v. Montes-Pineda (04/24/06 - No. 05-4471)

Sentence for to unlawful reentry after deportation following an aggravated felony conviction is not unreasonable in light of Booker, and the Court does have jurisdiction to review sentences within a properly calculated Guidelines range.

http://caselaw.lp.findlaw.com/data2/circs/4th/054471p.pdf

 

U.S. 5th Circuit Court of Appeals

 

US v. Caldwell (04/25/06 - No. 05-30263, 05-30264)

Defendants' sentences for conspiracy to perpetrate acts related to a scheme of making false statements in connection with the acquisition of firearms from licensed dealers are affirmed over claims challenging sentence enhancements applied to the sentences, the determination of a sentencing range, and the reasonableness of a sentence.

http://caselaw.lp.findlaw.com/data2/circs/5th/0530263cr0p.pdf

 

US v. Elrawy (04/26/06 - No. 04-20123)

Only aliens who were admitted to the U.S. on a non-immigrant visa and maintain lawful "nonimmigrant" status can be prosecuted under 18 U.S.C. section 922(g)(5)(B), which criminalizes being an alien admitted under a nonimmigrant visa in possession of a firearm.

http://caselaw.lp.findlaw.com/data2/circs/5th/0420123cr0p.pdf

 

US v. Wise (04/26/06 - No. 05-10195)

A conviction and sentence for various sexual exploitation offenses is affirmed over defendant's claim that the district court erred in its refusal to group his counts of conviction pursuant the sentencing guidelines.

http://caselaw.lp.findlaw.com/data2/circs/5th/0510195cr0p.pdf

 

US v. Garza (04/26/06 - No. 04-41244)

A conviction for conspiracy to distribute or dispense various drugs is affirmed over claims that the district court abused its discretion in refusing to allow certain testimony or admit certain evidence, and the sentence vacated pursuant to a Booker claim.

http://caselaw.lp.findlaw.com/data2/circs/5th/0441244cr0p.pdf

 

U.S. 6th Circuit Court of Appeals

 

Gillard v. Mitchell (04/26/06 - No. 03-4261, 03-4322)

A partial grant of a petition for a writ of habeas corpus from a death sentence is reversed in part over claims of error regarding: 1) trial counsel's conflict of interest, 2) a failure to conduct an evidentiary hearing regarding the conflict of interest, 3) trial judge's bias; 4) a Brady violation; 5) ineffective assistance of counsel; 6) prosecutorial misconduct; and 7) cumulative error.

http://caselaw.lp.findlaw.com/data2/circs/6th/034261p.pdf

 

U.S. 7th Circuit Court of Appeals

 

US v. Barevich (04/26/06 - No. 05-2879)

Sentence enhancement in a child pornography trafficking case is affirmed where the defendant's possession of sadomasochistic child pornography was relevant conduct for the trafficking offense.

http://caselaw.lp.findlaw.com/data2/circs/7th/052879p.pdf

 

U.S. v. Sherrod (04/27/06 - No. 05-1345)

Conviction and sentence for crimes involving a carjacking are affirmed where: 1) there was no plain error in admission of hearsay evidence concerning jurisdiction; 2) defendant did not unambiguously invoke his right to remain silent; and 3) the court did not commit Booker error in sentencing.

http://caselaw.lp.findlaw.com/data2/circs/7th/051345p.pdf

 

U.S. v. Baker (04/28/06 - No. 05-2499)

Sentence for distribution of child pornography is affirmed upon government appeal where the district court properly considered and applied the sentencing factors specified in 18 U.S.C. 3353(a) and adequately explained its rationale for departing from the advisory sentencing range.

http://caselaw.lp.findlaw.com/data2/circs/7th/052499p.pdf

 

U.S. v. Lange (04/28/06 - No. 05-2787)

Sentence for distribution of child pornography is affirmed over defendant's claim of diminished capacity where the court adequately considered defendant's psychological problems, and where the sentence was reasonable in light of the factors set out under 18 U.S.C. 3553(a).

http://caselaw.lp.findlaw.com/data2/circs/7th/052787p.pdf

 

U.S. 8th Circuit Court of Appeals

 

US v. Rodriguez-Lopez (04/24/06 - No. 05-3139)

Denial of motion to suppress marijuana seized from defendant's vehicle is affirmed where the officer making a traffic stop had a reasonable belief that a traffic violation had occurred, regardless of whether there was such a violation.

http://caselaw.lp.findlaw.com/data2/circs/8th/053139p.pdf

 

US v. Brave Thunder (04/24/06 - No. 05-3446, 05-3447)

Convictions for theft of funds from a tribal organization, conspiracy and making false statements are affirmed where sufficient evidence supported the convictions, and where the district court did not err in calculating offense levels or imposing enhancements for abuse of a position of trust.

http://caselaw.lp.findlaw.com/data2/circs/8th/053446p.pdf

 

US v. Montgomery (04/24/06 - No. 05-4174)

Conviction surrounding illegal purchase of a firearm is affirmed where: 1) sufficient evidence supported the conviction; 2) conspiracy instruction adequately set out the elements of the offense; 3) defendant failed to establish the elements of innocent or transitory possession; and 4) ATF agent's comments on defendant's exercise of his right to remain silent were harmless.

http://caselaw.lp.findlaw.com/data2/circs/8th/054174p.pdf

 

US v. Bledsoe (04/25/06 - No. 05-2350)

A sentence for being a felon in possession of a firearm is affirmed over claims of error which were validly waived by defendant's waiver of appeal, and an unwaived claim that there was insufficient evidence to support an enhancement for obstruction of justice.

http://caselaw.lp.findlaw.com/data2/circs/8th/052350p.pdf

 

US v. Bell (04/26/06 - No. 04-3557)

A sentence for being a felon-in-possession of a firearm is affirmed where defendant's prior Missouri conviction for second-degree burglary of a commercial building was a "crime of violence" for purposes of the sentencing guidelines, and there was no plain error under Booker.

http://caselaw.lp.findlaw.com/data2/circs/8th/043557p.pdf

 

US v. Cadenas (04/26/06 - No. 05-1450)

Defendant's sentence for unlawfully re-entering the U.S. after being removed for an aggravated felony conviction is affirmed over a claim that his sentence was unreasonable.

http://caselaw.lp.findlaw.com/data2/circs/8th/051450p.pdf

 

US v. Morales (04/26/06 - No. 05-2560)

A conviction and sentence for conspiracy to distribute methamphetamine within a protected location is affirmed over claims of error regarding: 1) a motion for acquittal due to improper venue; 2) calculation of the drug quantity attributable to defendant; 3) a refusal to grant a downward adjustment; and 4) the reasonableness of his sentence.

http://caselaw.lp.findlaw.com/data2/circs/8th/052560p.pdf

 

Moore-El v. Luebbers (04/27/06 - No. 05-1159)

Denial of a petition for a writ of habeas corpus from a conviction for first degree murder, attempted robbery, and related counts is affirmed over claims of error regarding: 1) a finding that defendant procedurally defaulted Brady claims and claims of ineffective assistance of counsel; 2) a Brady claim which was not defaulted; and 3) denial of a motion to amend defendant's petition.

http://caselaw.lp.findlaw.com/data2/circs/8th/051159p.pdf

 

Taylor v. Crawford (04/27/06 - No. 06-1397)

A judgment denying a claim brought under 42 U.S.C. section 1983 asserting that Missouri's lethal injunction protocol violates the Eighth Amendment is remanded to the district court for the limited purpose of conducting additional proceedings, with appellate jurisdiction retained.

http://caselaw.lp.findlaw.com/data2/circs/8th/061397p.pdf

 

US v. Peltier (04/28/06 - No. 05-3194)

Denial of defendant's motion challenging his sentence for murder is affirmed over his claim that his sentence was illegal because the court that tried him had no subject matter jurisdiction over the crimes of which he was convicted since the FBI agents at issue were killed in Indian country.

http://caselaw.lp.findlaw.com/data2/circs/8th/053194p.pdf

 

U.S. 9th Circuit Court of Appeals

 

US v. Huerta-Pimentel (04/24/06 - No. 04-50037)

Revocation of supervised release and imposition of additional imprisonment are affirmed over claims of Booker violation where: 1) imposition and revocation of supervised release require no judicial fact-finding; and 2) the revocation and imposition of imprisonment are discretionary.

http://caselaw.lp.findlaw.com/data2/circs/9th/0450037p.pdf

 

US v. Miranda-Guerena (04/25/06 - No. 05-10198)

An order denying a motion to suppress evidence following defendant's conditional guilty plea to conspiracy to possess with intent to distribute cocaine base is affirmed where a challenged traffic stop was supported by reasonable suspicion that a traffic violation had occurred.

http://caselaw.lp.findlaw.com/data2/circs/9th/0510198p.pdf

 

US v. Bahamonde (04/25/06 - No. 04-50618)

Convictions for knowingly importing marijuana and possession of marijuana with intent to distribute are reversed where: 1) a Department of Homeland Security regulation, as applied in the prosecution at issue, violated due process by failing to provide reciprocal discovery and the error was not harmless; and 2) the district court violated defendant's Sixth Amendment rights by excluding an agent's entire testimony without weighing countervailing interests.

http://caselaw.lp.findlaw.com/data2/circs/9th/0450618p.pdf

 

US v. Lopez-Torres (04/25/06 - No. 05-10392)

A conviction for shooting at an occupied motor vehicle under California Penal Code 246 is categorically a crime of violence for purposes of sentence enhancement under Sentencing Guideline section 2L1.2.

http://caselaw.lp.findlaw.com/data2/circs/9th/0510392p.pdf

 

US v. Romero-Martinez (04/25/06 - No. 05-10153)

A sentence for being a felon in possession of a firearm is affirmed over claims of error regarding: 1) jury instructions relating to possession of a gun with a serial number that had been "altered or obliterated" for purposes of sentence enhancement; 2) qualification of a particular gun for sentence enhancement; and 3) a reasonableness challenge under Booker.

http://caselaw.lp.findlaw.com/data2/circs/9th/0510153p.pdf

 

US v. Rosenthal (04/26/06 - No. 03-10307, 03-10370)

Conviction for violations of the Controlled Substances Act arising from defendant's services for an official medical-cannabis provider association is reversed pursuant to a claim that the trial court erred in refusing to grant a new trial after it became aware that one of the jurors sought advice from an attorney on the eve of rendering a verdict. Government's claims regarding erroneous downward departure in sentencing are moot.

http://caselaw.lp.findlaw.com/data2/circs/9th/0310307p.pdf

 

Alford v. Haner (04/26/06 - No. 01-35141)

On remand from the Supreme Court, denial of plaintiff's motion for a new trial is affirmed where there was sufficient evidence in the record to support a finding of objective probable cause to arrest plaintiff for the misdemeanor offense of criminal impersonation in the second degree.

http://caselaw.lp.findlaw.com/data2/circs/9th/0135141p.pdf

 

US v. Arreola (04/26/06 - No. 04-10504)

18 U.S.C. section 924(c)(1)(A), criminalizing the use of a firearm during the commission of a drug trafficking crime, defines a single offense.

http://caselaw.lp.findlaw.com/data2/circs/9th/0410504p.pdf

 

Davis v. Woodford (04/27/06 - No. 05-55164)

A petition for a writ of habeas corpus from a sentence for being a felon in possession of a firearm and evading a peace officer is granted pursuant to a claim that the use of one of defendant's convictions as eight separate "strikes" for purposes of California’s Three Strikes Law breached a plea agreement.

http://caselaw.lp.findlaw.com/data2/circs/9th/0555164p.pdf

 

Jensen v. Pliler (04/27/06 - No. 04-55840)

Denial of a habeas corpus petition challenging a conviction for first degree murder and conspiracy to commit murder is affirmed where an unavailable declarant's statements to his attorney were not "testimonial" under Crawford, and were properly admitted into evidence at defendant's trial. (Amended)

http://caselaw.lp.findlaw.com/data2/circs/9th/0455840p.pdf

 

U.S. 10th Circuit Court of Appeals

 

US v. Teague (04/24/06 - No. 04-2071)

Conviction for making threats and conditions of supervised release are affirmed where: 1) condition restricting communications to the sentencing court without an attorney was valid since the right was waivable and the waiver occurred voluntarily and knowingly; and 2) there was no plain error in the instructions presented to the jury.

http://laws.lp.findlaw.com/10th/042071.html

 

Smith v. Cummings (04/25/06 - No. 05-3180)

Summary judgment for certain defendants in a prisoner's civil rights claims under 42 U.S.C section 1983 and dismissal of related state law claims involving alleged misconduct by a guard is reversed in part as to dismissal of claims brought under the Kansas Tort Claims Act and remanded for a determination as to the existence of diversity jurisdiction.

http://laws.lp.findlaw.com/10th/053180.html

 

Tiger v. Workman (04/25/06 - No. 05-5192)

An application for a certificate of appealability challenging a denial of habeas relief is denied and defendant's appeal is dismissed over claims of error regarding an alleged failure to instruct properly on the elements of forcible sodomy and a failure to instruct on a lesser-included offense.

http://laws.lp.findlaw.com/10th/055192.html

 

Bliss v. Franco (04/26/06 - No. 04-2078)

In a case involving a mistaken probation field inspection, summary judgment for defendants, probation officers, on 42 U.S.C. section 1983 and New Mexico Tort Claims Act claims and denial of plaintiffs' request for additional discovery is reversed in part as to a grant of qualified immunity to defendants on a claim of an unreasonable residential search, and as to summary judgment on unlawful detention and arrest claims.

http://laws.lp.findlaw.com/10th/042078.html

 

Sperry v. McKune (04/26/06 - No. 04-3472)

Denial of a petition for habeas relief from a first-degree murder conviction is affirmed over claims of error regarding: 1) whether Kansas's first-degree murder statute is unconstitutionally vague; 2) due process rights violation in the prosecution's use of a witness's purportedly coerced statements to impeach the witness's trial testimony; and 3) ineffective assistance of counsel.

http://laws.lp.findlaw.com/10th/043472.html

 

US v. Franklin (04/26/06 - No. 05-1174)

Defense counsel's motion to withdraw as counsel pursuant to Anders is granted, and an appeal from a plea to fraudulently using a credit card to obtain things of value and aiding and abetting is dismissed where there were no non-frivolous issues upon which defendant could base his appeal.

http://laws.lp.findlaw.com/10th/051174.html

 

US v. Harlow (04/27/06 - No. 04-8074)

Defendant's conviction for conspiracy to possess and distribute methamphetamine is affirmed over his claims that the prosecutor impermissibly vouched for the credibility of key witnesses and the district court deprived him of his right to poll the jury.

http://laws.lp.findlaw.com/10th/048074.html

 

Grubbs v. Bailes (04/27/06 - No. 05-7076)

Summary judgment for defendants, a county and sheriff officials, in a 42 U.S.C. section 1983 action challenging plaintiff's arrest and defendants' failure to enforce trespass laws is affirmed where there was no genuine dispute over the existence of probable cause for plaintiff's arrest, and the district court properly found plaintiff's evidentiary showing on his equal protection claim legally insufficient.

http://laws.lp.findlaw.com/10th/057076.html

 

US v. Heckenliable (04/28/06 - No. 05-4089)

For purposes of 18 U.S.C. section 922(g)(9), which makes it unlawful for any person previously convicted of a "misdemeanor crime of domestic violence" to possess a firearm, a domestic relationship need not be an element of the predicate misdemeanor offense.

http://laws.lp.findlaw.com/10th/054089.html

 

U.S. 11th Circuit Court of Appeals

 

US v. Underwood (04/25/06 - No. 04-15750)

Conviction and sentence for possession of cocaine with intent to distribute is affirmed where: 1) the defendant's substantial rights were not affected by the court's Booker error; 2) there was no Apprendi error since defendant was sentenced to below the statutory maximum; and 3) co-conspirator statements were neither hearsay nor testimonial evidence.

http://caselaw.lp.findlaw.com/data2/circs/11th/0415750p.pdf

 

US v. Ingram (04/25/06 - No. 05-10866)

Conviction for false statement during firearm purchase is reversed and remanded with instructions to dismiss where a two year delay between indictment and trial deprived defendant of his Sixth Amendment right to a speedy trial.

http://caselaw.lp.findlaw.com/data2/circs/11th/0510866p.pdf

 

US v. Thomas (04/26/06 - No. 05-14151)

Guilty plea to conspiracy to obstruct, delay, and affect commerce by robbery, and sentence is affirmed over claims that: 1) the court violated ex post facto and due process clauses by using a retroactive application of Booker; 2) the court violated the Fifth Amendment's Indictment Clause and Booker, by enhancing the offense level based on facts not in the indictment, found by a jury, or admitted; and 3) the 121-month sentence was not reasonable.

http://caselaw.lp.findlaw.com/data2/circs/11th/0514151p.pdf

 

U.S. District of Columbia Circuit Court of Appeals

 

Doe v. Metro. Police Dep't of the Dist. of Columbia (04/25/06 - No. 04-7114)

Dismissal of 42 U.S.C. section 1983 claims and tort claims arising from the allegedly wrongful arrests of plaintiffs for underage possession and/or consumption of alcoholic beverages is reversed in part where four plaintiffs were arrested for a civil offense, and thus, their claims stated a cause of action under the Fourth Amendment.

http://caselaw.lp.findlaw.com/data2/circs/dc/047114a.pdf

 

Supreme Court of California

 

People v. Perry (04/24/06 - No. S055474)

Conviction and death sentence for murder committed during a robbery are affirmed where: 1) defendant did not have right to be present at a bench conference; 2) defendant's counsel did not abandon him at the conference; 3) photographs of the victim were properly admitted into evidence; and 4) challenges to penalty phase procedures and instructions failed.

http://caselaw.findlaw.com/data2/californiastatecases/s055474.doc

http://caselaw.lp.findlaw.com/data2/californiastatecases/s055474.pdf

 

California Appellate Districts

 

People v. Shabtay (04/25/06 - No. B179520)

Conviction for one of two counts of grand theft is overturned where the plain language of the criminal statute prevented conviction for more than one count where the offense occurred within a twelve-month period, regardless of the amount of goods stolen.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b179520.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b179520.pdf

 

People v. Wilson (04/25/06 - No. D046198)

In a case where a mother involved her son in a burglary, conviction for two counts of felony child endangerment are reversed in an unpublished portion of the opinion while the court stresses that the evidence was sufficient to support the convictions, and all other convictions are affirmed.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/d046198.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/d046198.pdf

 

People v. Thimmes (04/26/06 - No. H028897)

Plea of no contest to drug-related charges, admission to a prior strike conviction, and resulting sentence is reversed where defendant received ineffective assistance of counsel because the trial court denied his Romero motion based upon a mistake of law to which his counsel failed to object.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/h028897.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/h028897.pdf

 

McQuarters v. Superior Ct. (People) (04/27/06 - No. A112669)

Order denying petitioner's motion to dismiss petition and demurrer is vacated where the state cannot legally continue to hold a mentally disordered offender whose term of commitment has expired when, absent any showing of good cause, no timely petition to extend the recommitment was filed.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/a112669.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/a112669.pdf

 

People v. Pilster (04/27/06 - No. G035130)

Conviction of assault with deadly weapon is affirmed over claim that the trial court erred in denying request to instruct jury they could consider prearrest statements only on the issue of credibility, where interviewing police officer failed to provide Miranda warnings and defendant was handcuffed during interview.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/g035130.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/g035130.pdf

 

People v. Mojica (04/27/06 - No. B176369)

Conviction of felony income tax evasion is reversed where the jury was not instructed that it had to find the existence of a tax deficiency as an element of the offense.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/b176369.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/b176369.pdf

 

People v. Muscovich (04/28/06 - No. C048031)

Conviction for failing to register as a sex offender and prison sentence for an aggregate term of six years is affirmed over claims that: 1) defendant was not properly convicted of violating former Penal Code section 290(g)(2); and 2) former section 290 as applied to defendant is void for vagueness.

http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/slip/2006/c048031.html

http://caselaw.lp.findlaw.com/data2/californiastatecases/c048031.pdf

 

Texas Criminal Court of Appeals

 

Barnes v. State of Texas (04/26/06 - No. 0939-05)

Reversal of a conviction for the misdemeanor offense of "interference with public duties" pursuant to a claim of insufficiency of the evidence is reversed where defendant's acts during a traffic stop were sufficient to support the conviction.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=app/13900&invol=1

 

Pena v. State of Texas (04/26/06 - No. 0966-05)

Reversal of a conviction for possession of marijuana pursuant to a finding that the Texas Constitution grants broader protection than the U.S. Constitution when evidence is lost or destroyed is vacated where the court of appeals failed to afford the parties an opportunity to brief the issue.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=app/13892&invol=1

 

Montanez v. State of Texas (04/26/06 - No. 894-04)

The deferential standard of review in Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) applies to a trial court's determination of historical facts when that determination is based on a videotape recording admitted into evidence at a suppression hearing.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=tx&vol=app/13896&invol=1

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