US v. Hudson

(United States Seventh Circuit) – Affirmed a conviction of possession of a firearm by a convicted felon, but ordered the written judgment amended to clarify the conditions of the defendant’s supervised release relating to use of alcohol and ability to travel outside the jurisdiction.

People v. Gabriel-Acosta

(California Court of Appeal) – Held that no prior prison term enhancements should have been imposed based on felony convictions that were reduced to misdemeanors under Proposition 47. Vacated a defendant’s sentence and remanded for resentencing, on reconsideration following transfer of the case from the California Supreme Court.

US v. Downey

(United States Seventh Circuit) – Affirmed the supervised release conditions imposed as part of a sentence for attempted bank robbery, rejecting the defendant’s argument that the drug-testing requirement was unreasonable, among other things.

People v. Franske

(California Court of Appeal) – Held that it was proper under Proposition 47 to reduce a defendant’s 2010 conviction for felony burglary to misdemeanor shoplifting and accordingly lower her punishment. Affirmed the trial court, on reconsideration following transfer of the case from the California Supreme Court.

People v. Garcia

(California Court of Appeal) – Held that it was not error to exclude a proposed expert’s testimony concerning the reliability of eyewitness identifications, in this residential burglary case. However, remanded for resentencing based on a law effective January 1, 2019, that gives courts discretion to dismiss or strike a prior serious felony conviction for sentencing …

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People v. Kelly

(California Court of Appeal) – Held that a defendant’s sentence on drug trafficking and other charges must be modified to strike all but one of the prior prison term enhancements, on the ground that they were based on convictions that had been reclassified from felonies to misdemeanors pursuant to Proposition 47 before sentencing. Remanded for …

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Caretto v. Superior Court (The People)

(California Court of Appeal) – Held that a defendant was entitled to further proceedings regarding whether his felony conviction for receiving stolen property should be reduced to a misdemeanor under Proposition 47, in this case involving whether the fair market value of two stolen debit cards was above a certain threshold amount. Granted his petition …

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US v. Lewis

(United States Fifth Circuit) – Held that a conspiracy to commit Hobbs Act robbery could not serve as the predicate for a conviction of using a firearm during a crime of violence, because the conspiracy was not a crime of violence; following US v. Davis, 903 F.3d 483 (5th Cir. 2018), petition for cert. filed. …

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