| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
99-3043
|
U.S. v. Smith
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-1520
|
Free v. Federal Bureau of Prisons
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-7154
|
U.S. v. Woodlee
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-6075
|
Plantz v. Massie
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-5043
|
U.S. v. Glover
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-1448
|
Lawrence v. Peters
Order |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
98-30138
|
U.S. v. Morales-Alejo
Pretrial detention does not toll a previously imposed term of parole. |
Criminal Law and Procedure |
|
Jun. 15, 2000 | |
|
99-3025
|
U.S. v. Gigley
Sentence should be based on actual quantity of methamphetamine, rather than quantity of methamphetamine-containing mixture, when the former results in longer sentence. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-658
|
Castillo v. United States
Words 'machine gun' in criminal statute create offense separate from other offenses under same statute. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-166
|
United States v. Hubbell
In prosecution for matters related to immunized testimony, prosecution has duty to prove proposed evidence is derived from independent source. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-2188
|
U.S. v. Delreal-Ordones
Evidence is sufficient to support district court's deliberate-ignorance jury instruction. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-6327
|
Stouffer v. Reynolds
Constitutional error is committed when new evidence creates reasonable doubt that did not otherwise exist. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-4131
|
U.S. v. Mojica
Base level offense reduction should be considered when accused demonstrates firearm possession associated with lawful sporting purpose. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-2297
|
U.S. v. Velarde
Court errs in refusing to make reliability determination prior to admitting expert testimony. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
98-6487 and 99-6090
|
U.S. v. Jackson
Police are not required to obtain warrant before conducting video surveillance that recorded activity easily observable to any passerby. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-2042
|
U.S. v. Peterson
Government's legal arguments at sentencing hearing violate plea agreement but constitute harmless error. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-3273
|
Welch v. City of Pratt
Instruction advising jury not to consider defendant's silence in arriving at verdict does not violate Fifth Amendment, even when it contains no warning against drawing adverse inferences. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99CA0260
|
People v. Sherwood
Crime of vehicular eluding does not require that elusive behavior occur simultaneously with reckless driving. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
98-30054
|
United States v. Morgan
Sentencing Guidelines for sexual abuse apply to alleged 'date rape' where both defendant and victim were intoxicated. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
B118828
|
People v. Deptowicz
Trial court's failure to impose mandatory restitution fine will not be corrected where prosecutor remained silent. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
97-10354
|
U.S. v. Ayon-Meza
Police use of 'walk and talk' procedure to question defendant isn't tantamount to Fourth Amendment violation. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
97-10504 and 97-10505
|
U.S. v. Mett
ERISA trustee has right to invoke attorney-client privilege in criminal prosecution for embezzlement of pension funds. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
97-10443
|
U.S. v. Du Bo
Indictment for violation of the Hobbs Act must specify the necessary criminal intent required. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
98-30202
|
U.S. v. Monzon-Valenzuela
Sentence enhancement for obstruction of justice can't be based on contradiction between guilty verdict and defendant's trial testimony cited in presentence report. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
99-30087
|
U.S. v. Perreault
Each act of downloading child pornography from the Internet is a separate crime for sentencing purposes. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
S080326
|
People v. Harris
5-year sentence enhancement is inappropriate where defendant doesn't admit and court never inquires whether defendant suffered a prior felony conviction. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
S077400
|
People v. Rivera
Since direct restitution to victim is compensatory, and not a fine or penalty, defendant isn't subject to penalty assessments. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
90-35627
|
Fetterly v. Paskett
Extensive pretrial publicity discussing factual aspects of charges doesn't require change of venue in capital case. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
B119466
|
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. |
Criminal Law and Procedure |
|
Jun. 14, 2000 | |
|
B119466
|
People v. Parker
Order for direct restitution isn't required where victim didn't testify as to how much, if any, money was taken from her. |
Criminal Law and Procedure |
|
Jun. 14, 2000 |
