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U.S. v. Reinhart
Convictions for possession of child pornography and sexually exploiting child under California Penal Code Sections 311.11(a) and 311.3(a) are not prior convictions requiring ten-year sentencing enhancement under 18 U.S.C. Section 2252(b)(2). 		Criminal Law and Procedure 9th Jun. 19, 2018
Rosales-Mireles v. United States
Appeals courts have discretion under Federal Rule of Criminal Procedure 52(b) to vacate defendant's sentence where miscalculation of Guidelines sentencing range is plain and affects defendant's substantial rights. 		Criminal Law and Procedure USSC Jun. 19, 2018
Chavez-Meza v. United States
Judge is not required to use more detail than he or she deems necessary in statement of reasons for imposing sentencing range in simple matter where judge considers evidence and arguments. 		Criminal Law and Procedure USSC Jun. 19, 2018
The People v. Saavedra
Jury instruction proper where it instructed jurors that consent of a child victim was not a defense to the charged aggravated lewd acts. 		Criminal Law and Procedure 5DCA Jun. 18, 2018
People v. Smit
Concurrent convictions for attempted murder in case convicting defendant of possession of marijuana for sale do not render defendant ineligible for resentencing relief where ineligibility requires ‘prior’ such convictions. 		Criminal Law and Procedure 4DCA/3 Jun. 18, 2018
People v. McVey
After statutory enactment granting trial court discretion to strike firearm enhancement, remand nonetheless unnecessary where 'trial court's comments indicate that even if could, it would decline to' grant sought relief. 		Criminal Law and Procedure 2DCA/2 Jun. 14, 2018
People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. 		Criminal Law and Procedure 4DCA/1 Jun. 13, 2018
U.S. v. Paul Swallow
Dangerous weapon enhancement properly applied where defendant used shoe to implied serious bodily injury on victim. 		Criminal Law and Procedure 9th Jun. 12, 2018
U.S. v. Edling
Sentence vacated and remanded where Nevada convictions for robbery and felony coercion are not crimes of violence under U.S.S.G. Section 4B1.2(a). 		Criminal Law and Procedure 9th Jun. 11, 2018
People v. Lee
Restitution for noneconomic damages is available under former Penal Code Section 1202.4(f)(3)(F) where defendant who is not convicted under Section 288 is convicted under Section 288.5 for conduct that violates Section 288. 		Criminal Law and Procedure 1DCA/2 Jun. 6, 2018
People v. Sacrite
Pat search warranted based on 'bulges' in defendant's pocket officer believed could have been weapons. 		Criminal Law and Procedure 6DCA Jun. 6, 2018
People v. Veamatahau
Expert's testimony identifying controlled substances found on defendant upheld against challenged based on 'Sanchez' and new case-specific hearsay rule. 		Criminal Law and Procedure 1DCA/1 Jun. 6, 2018
People v. Shields
Defendant may not be charged with completed crime of human trafficking of a minor where statute requires target of offense be a minor and, in fact, defendant's target was posing police officer. 		Criminal Law and Procedure 1DCA/4 Jun. 6, 2018
People v. Brunton
A duplicative force-likely assault conviction may be vacated because it was merely a different statement which arose from the same offense, for which defendant was also convicted. 		Criminal Law and Procedure 4DCA/1 Jun. 5, 2018
Modification: People v. Vannesse
Consent to potential DUI-scene blood testing makes such evidence admissible, though peace officer advised arrestee that his only choice was to submit to blood test. 		Criminal Law and Procedure 2DCA/6 Jun. 5, 2018
Hughes v. U.S.
Defendant may seek sentencing reduction under 18 U. S. C. Section 3582(c)(2) where court partly relies on defendant’s Federal Sentencing Guidelines range in imposing sentence or accepting Type-C plea agreement. 		Criminal Law and Procedure USSC Jun. 5, 2018
Koons v. U.S.
Petitioners do not qualify for sentence reductions because their sentences were not 'based on' their lowered Federal Guidelines ranges. Instead, their sentences were 'based on' their mandatory minimums and on their substantial assistance to the Government. 		Criminal Law and Procedure USSC Jun. 5, 2018
U.S. v. King
Appeal dismissed as moot where defendant who challenges revocation of supervised release does not show proof of ongoing collateral consequences from revocation. 		Criminal Law and Procedure 9th Jun. 5, 2018
People v. Gonzalez
Jury’s finding on robbery murder special circumstance renders error to instruct on lesser included offenses and defenses harmless where jury would not have found differently without error. 		Criminal Law and Procedure 2DCA/4 Jun. 5, 2018
People v. Medina
Judgment affirmed where trial court properly uses its discretion under Penal Code Section 17(b)(3) to refuse to reduce wobbler offense from felony to misdemeanor. 		Criminal Law and Procedure 2DCA/5 Jun. 4, 2018
People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim’s crimes. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Hardy
Where prosecutor gives 'inherently plausible and reasonable' neutral reasons, supported by the record, for peremptorily dismissing African American jurors in racially-charged case, 'Batson/Wheeler' motion not denied in error. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Penunuri
Sufficiency of evidence challenge fails where conspiracy to commit murder conviction supported by overheard statements evincing requisite state of mind. 		Criminal Law and Procedure CASC Jun. 1, 2018
People v. Brooks
Regardless of whether a defendant was charged with a violent felony in the commission of a burglary, the restitution statute permits restitution for security improvement costs incurred by a victim. such as a burglar alarm. 		Criminal Law and Procedure 1DCA/2 May 31, 2018
People v. Miller
Petition for certificate of rehabilitation and pardon is barred by Penal Code Section 4852.06 if there is interval of time between requisite minimum of five years of California residency and filing of the petition. 		Criminal Law and Procedure 6DCA May 31, 2018
People v. Berg
Voluntary intoxication evidence is inadmissible under Penal Code Section 29.4 because possession of a controlled substance inside a jail facility is a general intent crime. 		Criminal Law and Procedure 6DCA May 31, 2018
People v. Washington
Proposition 47 petitioner meets burden of showing that value of the stolen property does not exceed $950 with affirmative statement that value is less than $950. 		Criminal Law and Procedure 2DCA/8 May 31, 2018
People v. Simms
Where Prop 47 petitioner only waives right to be present at uncontested eligibility hearing, constitutional and statutory rights violated where such contested hearings take place without petitioner. 		Criminal Law and Procedure 1DCA/4 May 31, 2018
In re Ruedas
Habeas Corpus petition was denied on the ground that the holding in 'People v. Sanchez was prospective only. 		Criminal Law and Procedure 4DCA/3 May 30, 2018
People v. Soto
Defendant was found to be inelegible for relief under Proposition 47 because defendant was charged with theft from an elder, which is an aggravated form of theft, thus it is an offense that is not covered under Section 490.2. 		Criminal Law and Procedure 4DCA/1 May 30, 2018
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