Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
96-50359
|
U.S. v. Washington
On sentencing remand, mandate to recalculate base offense level doesn't preclude district court from including other applicable departures. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
98-50080
|
U.S. v. Bensimon
Admission of 17-year-old fraud conviction to impeach defendant charged with drug possession requires reversal. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
98-50235
|
U.S. v. Davoudi
Restitution must be based on fair market value of property at the time the victim had power to dispose of it. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
95-50378
|
U.S. v. Qualls
Jury may convict defendant for possessing any one of seven firearms listed in an indictment. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
96-36058
|
U.S. v. Barron
Trial court errs in requiring defendant to choose between status quo or elimination of plea on motion to vacate sentence for no factual basis. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
98-50194
|
U.S. v. Mejia-Sanchez
Probation officer doesn't exceed statutory authority by submitting petition to revoke defendant's supervised release to district court. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
97-10055
|
U.S. v. Jimenez-Medina
Border patrol agent doesn't have reasonable suspicion to stop locally licensed vehicle simply because it is registered to a Mexican national. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
96-50297
|
U.S. v. Banuelos-Rodriguez
Sentencing disparity that arises from different U.S. Attorney plea-bargaining policies, is basis for downward departure. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
96-35499
|
Jones v. Wood
Under Death Penalty Act, federal habeas petitioner gets hearing on exhausted claims absent state hearing. |
Criminal Law and Procedure |
|
Jun. 29, 1999 | |
B109661
|
In re Iveys
Motion to strike prior serious felony conviction allegation isn't prerequisite to seeking habeas relief under 'Romero.' |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-7151
|
Lewis v. U.S.
Certiorari granted |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-30139
|
U.S. v. Main
Faulty jury instruction on causation invalidates defendant's conviction for involuntary manslaughter from driving accident. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
F025194
|
People v. Callahan
Direct review of municipal court's denial of suppression motion is allowed, bypassing superior court. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
S055184
|
People v. Tello
Appellate court shouldn't set aside verdict unless it is confident all relevant facts have been developed. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
94-10022
|
U.S. v. Knapp
Removing issue of materiality of false statements in currency reports from jury invalidates currency reporting conviction. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-30161
|
U.S. v. Gonzalez
Hearing is necessary before sentencing defendant seeking new counsel, claiming defense attorney coerced guilty plea. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-50151
|
U.S. v. Iriarte-Ortega
Jury can reasonably infer conspiratorial agreement for alleged marijuana smugglers' coordinated transporting actions at border. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
95-30227, 95-30239 and 95-30240
|
U.S. v. Scrivner
No plain error by imposing sentence for D-methamphetamine without government proof of using that specific drug. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-30194
|
U.S. v. Villasenor-Cesar
Defendant doesn't deserve acceptance of responsibility adjustment absent timely notification of guilty plea intent. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
97-35029, 97-35030, 97-35039 and 97-35111
|
Jacks v. Crabtree
Prison Bureau denies sentence reduction for prisoner, completing drug-treatment program, but having prior violent crime. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-50164
|
U.S. v. Morrison
Defendant cannot challenge strike status of prior robbery conviction because of guilty plea including firearm use. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
95-10459 and 96-10053
|
U.S. v. Velez
Document trafficking and false statement guideline applies to million-dollar conspiracy involving false immigration documents |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-50179
|
U.S. v. Duarte-Higareda
Colloquy must be conducted with non-English speaking defendant to ensure voluntary jury waiver. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B101203
|
People v. Cloyd
No error in excluding evidence of victim's pending misdemeanor cases which were irrelevant to credibility. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
C020800
|
People v. Contreras
Carjacking is lesser included offense within crime of kidnapping to facilitate carjacking. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
C023565
|
People v. Crooks
Sentence of 25 years to life under first strike law is not cruel and unusual punishment. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
D025862
|
People v. White
Amended statute allowing deduction of restitution from prison wages doesn't violate ex post facto laws. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
B109267
|
Soil v. Superior Court (People)
Second suppression motion must be heard by judge who heard first motion, if judge is available. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
S053938
|
Wright v. Superior Court (People)
Sex offenders failure to notify police of change of address is not a continuing offense. |
Criminal Law and Procedure |
|
Jun. 28, 1999 | |
96-7151
|
Lewis v. U.S.
Where state's first-degree murder statute isn't statutorily made federal law, federal second-degree statute controls. |
Criminal Law and Procedure |
|
Jun. 28, 1999 |