(United States Ninth Circuit) – In an en banc opinion, reaffirmed the distinction between waiver and forfeiture of sentencing challenges. Here, the defendant’s failure to object to Guidelines calculations at sentencing constituted forfeiture subject to plain error review. However, there was no plain error.
(California Court of Appeal) – Remanded for reevaluation of whether a defendant convicted of sex crimes who spent nearly three years in presentence custody was eligible for presentence conduct credits.
(United States Supreme Court) – Held that the Armed Career Criminal Act encompasses a robbery offense if an element is the use of force sufficient to overcome a victim’s resistance. Under this test, the defendant’s conviction of robbery under Florida law qualified as a predicate violent felony for a 15-year mandatory-minimum sentence. Justice Thomas wrote …
(California Court of Appeal) – Affirmed a defendant’s conviction for committing a gang-related robbery, but remanded so that the trial court could consider whether to strike a serious-felony enhancement.
(United States Fifth Circuit) – Affirmed two men’s convictions and sentences for drug-trafficking involving methamphetamine.
(United States Seventh Circuit) – Affirmed the sentence of a defendant who pleaded guilty to conspiracy to distribute heroin.
(United States Ninth Circuit) – Affirmed a defendant’s conviction and sentence for drug and firearm offenses, in a case where he challenged the denial of his motion to suppress evidence.
(United States Second Circuit) – Held that a convicted sex offender who was on supervised release should not have been banned from accessing the Internet or viewing adult pornography. The record here did not support the imposition of these sweeping conditions. Reversed and remanded for resentencing.
(United States Ninth Circuit) – Held that a supervised-release condition imposed on a man convicted of fraud was unconstitutionally vague. The language was too imprecise in restricting the types of contact he could have with his son, who was convicted of participating in the fraudulent scheme. Reversed in part.
(Supreme Court of California) – Affirmed a defendant’s death sentence and conviction of two murders, on an automatic appeal.