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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, 04/11/2011
US v. Hughes, No. 09-1646
Conviction and sentencing of defendant on charges related to child pornography is affirmed despite denial of motion to suppress evidence where: 1) non-custodial interrogation excused the failure to give Miranda warnings; and 2) incriminating statements made by defendants were not the product of coercion on the ground of his fragile state of mind during interview. Read more... United States First Circuit, 04/12/2011
US v. Janosko, No. 10-1046
Conviction and sentencing of defendant for hacking into personnel files of prison facility pursuant to U.S.C. section 1030(a)(5)(A)(i) - (B)(i), is upheld where the cost of an employer-actuated credit check to preempt identity theft qualified as a reasonable expense and cost of response, and thus compensable loss. Read more... United States First Circuit, 04/13/2011
Atkins v. Clarke, No. 10-1870
In a section 2254(d)(1) petition for habeas review arising from conviction and sentencing of defendant on gun-possession charges where trial court denied request by the defendant for an evidentiary hearing, habeas petition is denied because state court fully adjudicated the claim on the merits. Read more...
United States First Circuit, 04/13/2011
US v. Curet, No. 09-1527
Conviction and sentencing of defendant for conspiring to distribute cocaine base, 21 U.S.C. section 846, and distribution of cocaine base within a thousand feet of a school and/or aiding and abetting such distribution, 18 U.S.C. section 2; 21 U.S.C. sections 841(a)(1), 860, is upheld where questions by government intended to bolster credibility of its witness by undermining adverse testimony does not constitute vouching. Read more... United States First Circuit, 04/13/2011
Gaskins v. Duval, No. 09-2322
Petition for habeas relief from state conviction for first degree murder is denied because although the equities may favor jurisdiction over an otherwise stale petition, claim of prosecutorial misconduct by defendant fails to convince. Read more... United States First Circuit, 04/13/2011
US v. Dancy, No. 09-2628
Conviction of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), and sentencing to fifteen years imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. section 924(e), are affirmed where: 1) trial court properly denied motion to suppress firearm and related evidence; 2) defendant was not entitled to a mistrial based on an accidental reference to the second amendment during closing argument; 3) firearm instruction to jury was not unconstitutional and erroneous; and 4) district court did not erred in finding defendant to be an armed career criminal under the ACCA. Read more... United States First Circuit, 04/15/2011
US v. Bayard, No. 10-1112
Conviction and sentencing of defendant for use of an unauthorized access device, 18 U.S.C. section 1029(a)(2), and aggravated identity theft, 18 U.S.C. section 1028A, arising from the fraudulent use of credit cards owned by a deceased victim is upheld where Rule 608(b) admission of an otherwise propensity evidence and evidentiary rulings by trial court were neither abuse of discretion nor erroneous. Read more... United States First Circuit, 04/15/2011
Barros-Villahermosa v. US, No. 09-2614
In dispute arising from a malicious prosecution action under the Federal Tort Claims Act (FTCA), summary judgment in favor of defendant is affirmed where plaintiff failed to meet FTCA standard under Puerto Rican law, namely that: 1) a criminal action was initiated or instigated by the defendants; 2) the criminal action terminated in favor of plaintiff; 3) defendants acted with malice and without probable cause; and 4) plaintiff suffered damages. Read more... United States Second Circuit, 04/11/2011
M.F., B.C. v. N.Y. Exec. Dept. Div. of Parole, No. 10-2074
In a dispute involving the scope of the Interstate Compact for Adult Offender Supervision (the Compact), judgment of the district court upholding special conditions placed on relocation petition by plaintiffs, where such conditions included the notification of employer of plaintiff's conviction and lifetime supervised release, as well as the installation of monitoring software on plaintiff's work computer, is affirmed because the Compact does not create a private right of action. Read more... United States Third Circuit, 04/13/2011
US v. Pendleton, No. 10-1755
Conviction and sentencing of defendant-sex offender for traveling in interstate and foreign commerce and knowingly failing to register under the Sex Offender Registration and Notification Act (SORNA) are upheld where sufficient evidence supports conviction and Due Process challenge to SORNA fails. Read more... United States Third Circuit, 04/13/2011
US v. Bergrin, No. 10-2204
In a RICO matter involving a high-profile defense attorney and former federal prosecutor accused of leading an extensive criminal enterprise, judgment of district court dismissing case is reversed where a thirty-nine count, superseding indictment adequately pleaded a RICO violation. Read more... United States Fourth Circuit, 04/13/2011
US v. Buchanan, No. 09-4834
Conviction and sentencing of defendant for absconding while on supervised release is upheld where defendant was charged before the scheduled expiration of his supervised release term because district court properly held that supervised release term was tolled while defendant was a fugitive. Read more... United States Ninth Circuit, 04/12/2011
US v. Apodaca, No. 09-50372
Conviction and sentencing of defendant for possession of child pornography in violation of 18 U.S.C. sections 2252A(a)(5)(B), (b)(2), is upheld where district court deviated downward from Sentencing Guidelines because imposed sentence satisfied Blinkinsop and Carty factors. Read more... United States Ninth Circuit, 04/13/2011
US v. Pelisamen, No. 10-10022
Conviction and sentencing of defendant for wire fraud, 18 U.S.C. section 1343, where the language of the indictment and the evidence offered by the government support an honest-services fraud charge in contravention to Skilling v. US is upheld because the language of the indictment and incorporation of honest-services fraud into the jury instructions by district court was not prejudicial error. Read more... United States Ninth Circuit, 04/15/2011
US v. Tucker, No. 09-10319
Conviction and sentencing of defendant for being a felon in possession of a firearm, 18 U.S.C. section 922(g)(1), is upheld because: 1) sufficient evidence supported mens rea element of charge; 2) reasonable inferences drawn from trial evidence by prosecutor and summation comments that defendant lied does not give way to misconduct; 3) district court properly refused to give a mere presence jury instruction; 4) the district court properly calculated the sentence; and 5) the sentence was not substantively unreasonable. Read more... California Court of Appeal, 04/12/2011
People v. Villatoro, No. B222214
Conviction and sentencing of defendant on an assortment of kidnapping, robbery, rape, and sex crime charges is upheld where: 1) modified CALCRIM No. 1191 was proper; 2) testimony by witness regarding a rape exams she did not perform was not a Sixth Amendment violation; 3) admission of a preliminary hearing testimony into evidence was not erroneous; 4) testimony was properly admitted as prior consistent statement; 5) CALCRIM No. 220 instruction was proper; and 6) sufficient evidence supports the finding that the use of a stun gun by defendant constituted deadly or dangerous weapon. Read more... California Court of Appeal, 04/12/2011
People v. Murdoch, No. G043313
Conviction and sentencing of defendant for assault with a deadly weapon and battery with serious bodily injury is vacated where court, following a Penal Code section 1368 continuance, reinstated criminal proceedings despite refusal of incompetent defendant to take curative measures so that he may become competent to stand trial, and where court granted motion by defendant to represent himself. Read more... California Court of Appeal, 04/12/2011
People v. Magee, No. A124598
In a dispute arising from a criminal charge against defendant for possession of a cocaine base for sale, judgment of trial court suppressing evidence as the fruit of an illegal search is reversed where defendant had no reasonable expectation of privacy in the home or the bathroom of a friend. Read more... California Court of Appeal, 04/13/2011
People v. Brunette, No. H035370
Conviction and sentencing of defendant for animal cruelty and negligence is upheld expect with regards to imposition of an interest charge on the restitution award, where trial court did in not reducing the award to account for the asserted comparative negligence of animal welfare agency in not abating the condition sooner. Read more... California Court of Appeal, 04/14/2011
People v. Pacheco, No. H035418
Conviction and sentencing of defendant for assault is upheld as modified where trial court properly treated a juvenile court adjudication as a strike prior for purposes of the Three Strikes law. Read more...
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