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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
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
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
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
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
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
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
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
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
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
Lewis v. U.S.
Certiorari granted
Criminal Law and Procedure Jun. 28, 1999
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
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
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
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
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
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
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
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
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
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
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
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
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
People v. Contreras
Carjacking is lesser included offense within crime of kidnapping to facilitate carjacking.
Criminal Law and Procedure Jun. 28, 1999
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
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
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
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
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