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Criminal Law & Procedure

[03/10] US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.

[03/09] US v. York
Defendant's conviction and sentence for arson and carrying a destructive device are affirmed where: 1) there was sufficient evidence that the fire at issue was intentionally set; 2) the district court did not abuse its discretion by denying defendant's motion for a mistrial, because defendant failed to show that he was prejudiced by a jury note requesting to hear again defendant's confession; and 3) evidence that defendant had harmed his girlfriend went to issues other than defendant's character because it explained that she withheld information from the police due to her fear of defendant's threats.

[03/09] US v. Banegas
Defendant's drug conspiracy conviction is reversed where the trial court failed to state particularized reasons for requiring defendant to be shackled while defending himself pro se.

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Sentencing

[03/10] US v. Wilder
Defendants' drug conspiracy convictions and sentences are affirmed where: 1) the district court did not err in excluding a document as hearsay because a witness was unable to verify that the proffered document was a public record created by the police department; 2) the government established that defendant knowingly and intentionally joined an agreement to distribute controlled substances; 3) the court was not convinced that the trial record presented an obvious case of a defendant with no predisposition to distribute crack cocaine, such that the district court plainly erred by failing to instruct the jury on entrapment; and 4) the district court explained that it had considered all of the 18 U.S.C. section 3553(a) factors, including the nature and circumstances of the offense and defendant's history and characteristics.

[03/10] US v. Almany
In a prosecution of defendant for drug and firearm related offenses, the case is remanded for resentencing where: 1) the district court committed plain error by failing to probe defendant's understanding of the appellate waiver provision of his plea agreement, and therefore, the waiver is unenforceable against the defendant; and 2) the district court erred by sentencing defendant to both a five-year mandatory minimum sentence under the firearm statute and a ten-year mandatory minimum sentence under the drug statute.

[03/09] In re Victor L.
In a conviction of a minor for possession of specified illegal weapons, juvenile court's order placing the defendant on probation with various conditions is affirmed for the most part with the exception of: 1) the restrictions on defendant's right to associate with individuals disapproved of by his probation officer or his parents is unconstitutionally vague and will be modified to include a personal knowledge requirement; 2) restrictions on defendant's presence "where dangerous or deadly weapons or firearms or ammunitions exist" is unconstitutional as due process requires that the probationer be informed in advance whether his conduct comports with or violates a condition of probation; and 3) to the extent the second Internet condition prohibits any "use of" or "access to" an Internet-enabled computer, it conflicts with the other two conditions, thereby making the combination of conditions unconstitutionally vague.

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