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Table of Contents Criminal Law & Procedure FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com.
Criminal Law & Procedure United States First Circuit, 03/17/2011
US v. Villar, No. 10-1789
Conviction and sentencing of defendant for bank robbery charges is upheld where factual findings by district court that the jurors were not biased and that verdict was untainted are amply supported by the record and are not clearly erroneous. Read more... United States First Circuit, 03/17/2011
US v. Cole, No. 10-1202
Conviction and sentencing of defendant for drug and Hobbs Act offenses in violation of 21 U.S.C. section 841(a)(1), 844 and 18 U.S.C. section 1951, are upheld where district court imposed a sentencing variance without the requisite notice because defendant was not prejudiced by the lack of notice and, assuming district court erred, error was neither clear nor obvious. Read more... United States Second Circuit, 03/14/2011
US v. Potes-Castillo, No. 07-5518
Sentencing of defendant is vacated because prior criminal history may be excluded under U.S.S.G. section 4A1.2(c)(1) if it is similar to an offense listed in the Sentencing Guidelines. Read more...
United States Second Circuit, 03/14/2011
US v. Desnoyers, No. 10-0447
Conviction and sentencing of defendant, 18 U.S.C. section 371, are upheld where post-verdict entry of a judgment of acquittal by district court on the grounds of factual and legal insufficiency is reversed. Read more... United States Second Circuit, 03/15/2011
US v. Buissereth, No. 09-5358
Conviction and sentencing of defendant, 21 U.S.C. sections 841(a)(1) and (b)(1)(B), is upheld notwithstanding errors by the district court during sentencing, because appeal is foreclosed by a valid and enforceable appeal waiver in a written plea agreement entered into by defendant. Read more... United States Third Circuit, 03/16/2011
US v. Kennedy, No. 09-1980
Conviction and sentencing of defendant for firearm and cocaine related crimes, 21 U.S.C. section 841(a)(1) and 18 U.S.C. sections 924(c) and (g)(1), are upheld where district court properly denied motion to suppress because the driver of a rental car whose name is not listed on the rental agreement generally lacks a legitimate expectation of privacy. Read more... United States Third Circuit, 03/17/2011
US v. Higdon, No. 10-3882
Petition for a writ of mandamus directing district court to to properly instruct a jury on the elements of charged crime is granted where government had no other adequate means of seeking relief and conduct by trial court constituted clear and indisputable error. Read more... United States Ninth Circuit, 03/14/2011
US v. W. P. L., No. 10-30202
District court imposition of a condition of supervised release that petitioner, a juvenile, register as a sex offender if required by law is affirmed where there was no abuse of discretion. Read more... United States Ninth Circuit, 03/14/2011
US v. Fernandes, No. 09-30135
District court judgment refusing to order registration of defendant as a sex offender upon his conviction is reversed because conviction makes defendant a sex offender and registration does not violate right to procedural due process. Read more... United States Ninth Circuit, 03/15/2011
Khatib v. County of Orange, No. 08-56423
In a case involve the scope of the Religious Land Use and Institutionalized Persons Act (RLUIPA), judgment by the district court is reversed where the RLUIPA applies to the defendant's courthouse such that it covers persons detained at the courthouse. Read more... United States Ninth Circuit, 03/17/2011
US v. Guo, No. 09-50394
Conviction and sentencing of defendant of exporting export-controlled thermal imaging cameras without a license in violation of 50 U.S.C. section 1705, are upheld where the statute of conviction is constitutional. Read more... United States Ninth Circuit, 03/17/2011
US v. Harrell, No. 10-30176
Conviction and sentencing of defendant for a false idenitification crime, 18 U.S.C. section 1028A(a)(1), are upheld where, on whether the relating to parentheticals within section 1028A(c) limit the otherwise clear articulation of the statute of which offenses may serve as predicates for application of section 1028A(a), the district court did not err in denying motion to dismiss because praentheticals do not limit the effect of the statute, but serve merely as descriptive aids. Read more... United States Ninth Circuit, 03/17/2011
Noble v. Cuevas, No. 09-17251
Denial by district court of invocation by defendants of qualified immunity against a claim by an inmate that a lockdown precipitated by a prison riot resulted in a denial of his Eighth Amendment right to outdoor exercise is reversed where lockdown did not manifest either deliberate indifference or an intent to inflict harm. Read more... United States Ninth Circuit, 03/17/2011
Cook v. Brewer, No. 11-15303
In a petition for relief, 42 U.S.C. section 1983, on the grounds that intent to use a foreign manufactured non-FDA approved sodium thiopental in the pending execution of petitioner is a violation of the Eight Amendment, dismissal by district court is affirmed where the grounds cited by petitioner for relief fail the applicable constitutional standard as too speculative and generalized. Read more... California Court of Appeal, 03/16/2011
People v. Rios, No. F059673
Conviction and sentencing for possessing a firearm after being previously convicted of a violent offense is upheld where his Fourth Amendment rights were not violated and he waived his statutory claim because of a failure to obtain a certificate of probable cause. Read more... California Court of Appeal, 03/16/2011
People v. Ramirez, No. B220528
Conviction and sentencing for murder is upheld where defendant alleges incompetent investigation or presentation of evidence by trial counsel but fails to demonstrate that the overlooked evidence would have been exculpatory. Read more... California Court of Appeal, 03/17/2011
In re A.G., No. A127979
Conviction and sentencing of juvenile defendant is affirmed in part and vacated in part where the evidence was sufficient to support jurisdictional findings by juvenile court, but court erred in concluding it lacked the discretion to set a maximum term of confinement any lower than the minimum sentence that might be imposed on an adult for the same offense. Read more... California Court of Appeal, 03/17/2011
People v. Nychay, No. D057107
Conviction and sentencing of defendant is upheld where trial court properly exercised its discretion pursuant to Penal Code section 1202.4(b) and (d) in setting restitution and presentence credits because defendant was not entitled to additional credits. Read more... California Court of Appeal, 03/17/2011
People v. Moore, No. E048982
Trial court extension of the commitment of defendant, pursuant to Penal Code section 1026.5(b)(1), is affirmed where comments about the reasonable doubt standard by trial court and its failure to instruct the jury that defendant had a right not to testify without a negative inference were not erroneous. Read more...
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