(California Court of Appeal) – Reduced a defendant’s convictions for identity theft to misdemeanors, citing Proposition 47. Held that the crime must be treated as a misdemeanor if the value of the personal identifying information at issue does not exceed $950.
(United States Ninth Circuit) – Held that the U.S. Sentencing Guidelines may constitutionally impose a strict-liability enhancement for committing a crime with a stolen firearm. The defendant contended that he was unaware the gun was stolen. Joining 10 other circuits and reaffirming its own 1993 decision, the Ninth Circuit held that the lack of a …
(United States Seventh Circuit) – Held that the trial court was entitled to recommend that the defendant be denied credit for time served while awaiting trial, in this case where he and his associates had bribed witnesses. The bribery also led to a conviction for conspiring to obstruct justice.
(United States Ninth Circuit) – Vacated a sentence and remanded for resentencing. Held that the defendant’s prior Washington conviction for second-degree assault did not qualify as a crime of violence, for purposes of determining his base offense level here on convictions of firearm and other charges.
(United States Seventh Circuit) – Affirmed the sentence of a man convicted of bank robbery.
(United States Seventh Circuit) – Affirmed a sentence imposed on a man who pleaded guilty to heroin drug-trafficking charges.
(California Court of Appeal) – Dismissed an appeal from a burglary sentence. The defendant had failed to obtain a certificate of probable cause, as was necessary here because the plea agreement specified a particular sentence.
(California Court of Appeal) – Vacated a conviction of possession of marijuana for sale. Held that prejudicial errors were made that damaged the defendant’s ability to understand the adverse immigration consequences of his nolo contendere plea.
(United States Second Circuit) – Vacated a mandatory life sentence imposed on a man who pleaded guilty to sexual exploitation of a child. Held that the district court should have applied the categorical approach in deciding whether his earlier New York state conviction constituted a prior sex conviction. Remanded for resentencing.
(United States Seventh Circuit) – Dismissed an appeal from a sentence for possessing ammunition as a felon. Held that the defendant’s plea agreement waived his appellate rights.