Firm News Archive

News

Case Summaries

Criminal Law & Procedure

[09/19] Sharp III v. County of Orange
Partially affirming and partially reversing district court decisions that properly denied qualified immunity and state-law immunity claims raised by police against retaliation claims by a man, Sharp III, who was confused with his son, Sharp IV, at the time of an arrest and search, but reversing the denial of immunity claims as they related to Sharp's mother's retaliation claim and both parent's claims relating to his seizure, excessive force, and the search of his person and the home, which was warranted despite being largely unconstitutional.

[09/19] US v. Parker
Affirming the conviction of a felon for possession of ammunition and a firearm because the judge's failure to voir dire jurors individually about their feelings toward race, the admission of evidence of other gun and ammo purchases, and inclusion of instructions relating to willful blindness did not rise to reversible error.

[09/18] US v. Caltabiano
Affirming the conviction and sentence of a man for mail fraud, conspiracy, and theft of government property by the district court because the defendant waived his challenge to the jury instructions by proposing instructions that were nearly identical and his sentence was not procedurally unreasonable because it was not in plain error.

[09/18] U1IT4Less, Inc. v. FedEx Corporation
Affirming the district court's grant of summary judgment to the defendant FedEx because the plaintiff, who complained of inflated shipping and customs charges under the Racketeer Influenced and Corrupt Organizations Act (RICO) because the plaintiff failed to adduce evidence that FedEx Corp/Services, the alleged Rico 'persons,' are distinct from FedEx Ground, the alleged RICO enterprise.

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Evidence

[09/19] US v. Parker
Affirming the conviction of a felon for possession of ammunition and a firearm because the judge's failure to voir dire jurors individually about their feelings toward race, the admission of evidence of other gun and ammo purchases, and inclusion of instructions relating to willful blindness did not rise to reversible error.

[09/15] US v. Monteiro
Affirming convictions for robbery and drug conspiracy in a case where the defendant's former accomplice was apprehended by DEA agents and flipped to become a government witness because the joinder of drug conspiracy and robbery charges did not violate Federal Rules of Civil Procedure due to the relationship between the criminal acts, evidence was properly admitted, and an erroneous ruling against the defendant was harmless given the overwhelming evidence against him.

[09/15] US v. Naranjo Rosario
Affirming convictions for drug and gun offenses because the convictions were not the result of error, the admission of testimony by the handler of a narcotics-detecting dog was proper, and the district court did not err in calculating the sentence.

[09/13] P. v. Leonard
Affirming convictions for a variety of crimes involving violence, weapons, and recklessness because the court properly excluded impeachment evidence against a prosecution witness and there was no need to establish that a driver is personally assessed traffic violation points in order to commit the crime of reckless driving.

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Sentencing

[09/18] US v. Caltabiano
Affirming the conviction and sentence of a man for mail fraud, conspiracy, and theft of government property by the district court because the defendant waived his challenge to the jury instructions by proposing instructions that were nearly identical and his sentence was not procedurally unreasonable because it was not in plain error.

[09/15] US v. Hernandez Martinez
Remanding a case for resentencing on a charge of illegal reentry because an enhancement had been applied for defendants who had been convicted for a felony offense where the sentence imposed was two or more years prior to their first removal from the country because the defendant had initially been sentenced to a year in prison, a sentence that was later changed to three years when his probation was revoked upon return to the United States because the qualifying prior felony conviction did not result in the required sentence until after his initial removal.

[09/15] US v. Naranjo Rosario
Affirming convictions for drug and gun offenses because the convictions were not the result of error, the admission of testimony by the handler of a narcotics-detecting dog was proper, and the district court did not err in calculating the sentence.

[09/14] US v. Poulson
Affirming the district court's findings regarding the number of victims of a multi-million dollar real estate Ponzi scheme who suffered substantial financial hardship as defined by the US Sentencing Guidelines, but vacating and remanding because the court erred in imposing the five-year occupational restriction on his three-year term of supervised release because it exceeded the statutory maximum.

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