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U.S. v. Xu
Defendants who engaged in scheme to steal funds from Bank of China and flee to United States can be convicted of RICO conspiracy. 		Criminal Law and Procedure Jan. 3, 2013
U.S. v. Pleasant
Defendant’s Career Offender status precludes his eligibility for sentence reduction pursuant to amendments in crack-cocaine guidelines. 		Criminal Law and Procedure Jan. 2, 2013
U.S. v. Yi
Real estate developer’s conviction for conspiracy to violate Clean Air Act is valid because he knew ceilings contained asbestos, but deliberately avoided problem. 		Criminal Law and Procedure Jan. 2, 2013
People v. Morales
Defendant who impersonates victim's boyfriend while having sex is improperly convicted of rape where jury instructions include deception theory for unmarried victim. 		Criminal Law and Procedure Jan. 2, 2013
U.S. v. Lee
Defendant is incorrectly classified as career offender where record was inconclusive as to whether past conviction was for controlled substance offense. 		Criminal Law and Procedure Dec. 30, 2012
People v. Rodriguez
Gang member who acted alone in attempted robbery does not violate ‘criminal street gang participation’ statute, even if his conduct benefited gang as a whole. 		Criminal Law and Procedure Dec. 27, 2012
People v. Spence
Defendant's testimony at suppression hearing may be used to impeach defense expert’s testimony when testimony at hearing was contrary to expert’s opinion. 		Criminal Law and Procedure Dec. 27, 2012
People v. Shazier
Prosecutor's pervasive pattern of improper statements throughout trial causes reversal of order adjudging defendant as sexually violent predator. 		Criminal Law and Procedure Dec. 27, 2012
People v. Schoop
Sex offender may obtain certificate of rehabilitation seven years after completing sentence because imposing longer 10-year rehabilitation period violates equal protection. 		Criminal Law and Procedure Dec. 27, 2012
U.S. v. Phillips
Former CEO's mail fraud conviction is invalid because success of scheme to steal company’s money did not depend on use of mail. 		Criminal Law and Procedure Dec. 26, 2012
People v. Holmes
Testimony of DNA experts does not violate confrontation rights because unsworn statements of objective facts are not sufficiently formal to be testimonial. 		Criminal Law and Procedure Dec. 25, 2012
People v. Torres
Incarcerated drug dealer, who received sentence in one case but awaited further sentencing in another, is entitled to presentence credits from time sentence was completed. 		Criminal Law and Procedure Dec. 25, 2012
U.S. v. Yepez
Meth importer is ineligible for sentencing relief because historical facts established that he was on probation when he committed federal drug offense. 		Criminal Law and Procedure Dec. 20, 2012
U.S. v. Valdavinos-Torres
Previously deported aien's conviction for possession of methamphetamine for sale constitutes aggravated felony, which forms proper legal basis for deportation. 		Criminal Law and Procedure Dec. 20, 2012
People v. Huynh
Body found in alley wrapped in blanket and covered in semen and hair is enough to establish reasonable inference of death by criminal agency. 		Criminal Law and Procedure Dec. 20, 2012
People v. Kim
Trial court incorrectly vacates petty theft conviction 12 years after sentence had been served, even if not doing so could result in deportation. 		Criminal Law and Procedure Dec. 19, 2012
People v. Bauer
Prison sentence for lewd and lascivious conduct with child is overturned because court failed to advise defendant of right to counsel at probation revocation hearing. 		Criminal Law and Procedure Dec. 19, 2012
U.S. v. Bustos-Ochoa
Immigration judge’s failure to inform illegal alien of availability of possible relief from deportation does not prejudice alien because he was ineligible for relief. 		Criminal Law and Procedure Dec. 18, 2012
People v. Watkins
Open voir dire of convicted murderer, who shot hotel guest, is proper where he had opportunity to question jurors both openly and in private. 		Criminal Law and Procedure Dec. 17, 2012
U.S. v. Oliva
Government may monitor background conversations overheard during standard cell phone intercepts where particular cell phone is specifically listed in court order. 		Criminal Law and Procedure Dec. 17, 2012
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report. 		Criminal Law and Procedure Dec. 17, 2012
People v. Lujan
Child witness is allowed to testify remotely over closed-circuit television when face-to-face confrontation with defendant would cause trauma. 		Criminal Law and Procedure Dec. 17, 2012
People v. Moore
Probation condition prohibiting probationer from owning, possessing, or using deadly weapons does not need to expressly require knowledge of possession. 		Criminal Law and Procedure Dec. 13, 2012
People v. Jasso
Gang member who shot at rival gang member in restaurant is not denied fair trial because strong evidence of crime overcame prosecutor's improper argument. 		Criminal Law and Procedure Dec. 13, 2012
People v. Milstein
Attorney’s conviction for conspiracy to defraud inmates by advertising ‘early release’ legal service is overturned because his prosecution was time-barred. 		Criminal Law and Procedure Dec. 12, 2012
People v. Velasquez
Gang member's assault conviction for shooting at five people is improper where jury instruction failed to clarify that each victim had to be at risk. 		Criminal Law and Procedure Dec. 12, 2012
People v. Dungo
At trial of man who strangled girlfriend, forensic pathologist's testimony based on autopsy report of another pathologist does not violate Sixth Amendment. 		Criminal Law and Procedure Dec. 12, 2012
People v. Moore
Probation condition prohibiting probationer from owning, possessing, or using deadly weapons does not need to expressly require knowledge of possession. 		Criminal Law and Procedure Dec. 12, 2012
Loftis v. Almager
Drug dealer's plea bargain murder conviction does not violate constitution despite absence of factual basis finding where dealer does not proclaim innocence. 		Criminal Law and Procedure Dec. 11, 2012
People v. Thomas
Juvenile offender’s 196 years to life sentence in gang-related murder case is reversed because it constitutes cruel and unusual punishment. 		Criminal Law and Procedure Dec. 11, 2012
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