Case Summaries

Criminal Law & Procedure

[08/15] US v. Martin
Affirming the District Court's ruling that a person convicted for the distribution of crack cocaine was not entitled to a sentence reduction under Amendment 782 of the US Sentencing Guidelines because he was a career offender ineligible for a reduced sentence.

[08/14] In Re: Trever P.
Affirming the conviction of a 12 year old for the crime of sexual molestation against his four year old cousin because recordings were properly admitted as evidence under the vicarious parental consent doctrine where the parent of the victim surreptitiously recorded a conversation between the accused and victim.

[08/14] US v. Buffis
Affirming the conviction of a town's former chief of police, who complained that his receipt of $4,000 from the proprietors of a brothel in exchange for halting a prostitution prosecution wasn't extortion since they were glad to pay, but the court held that duress is not an element of Hobbs Act extortion.

[08/14] US v. Lefsih
Vacating a conviction for immigration fraud because the district court's repeated interjections expressing skepticism of the Diversity Immigrant Visa Program and its negative impression of individuals who participate in the program were improper judicial intervention and the Algerian defendant was denied the opportunity for a fair and impartial trial as a result.

[08/14] P. v. Pineda, Jr.
Conditionally reversing the decision in the case of a 17 year old accused of shooting a neighbor whose case was directly filed in criminal court during a time in which changes took place regarding the filing of juvenile cases in an adult court so that the juvenile court could conduct a fitness hearing to determine whether the court would have transferred the case to a court of criminal jurisdiction, in which case the conviction could stand.

[08/14] US v. Giggey
Affirming the imposition of a 72 month sentence in the case of the prosecution of a defendant for possession with intent to distribute and conspiracy to distribute synthetic cathinones, commonly called 'bath salts,' because the reference to the sentencing guidelines for methcathonine, the most closely related drug on the table, was not a clear error.

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