Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts

Wednesday, October 31, 2007

US v. Barnes, No. 06-2129
Suppression of evidence seized during a body cavity search is vacated and remanded where further proceedings are necessary to determine whether an officer ordering the search possessed sufficient credible information to establish a reasonable suspicion that defendant was concealing drugs internally

Wednesday, June 06, 2007

court impermissibly and prejudicially participated in plea negotiations with defendant

US v. Baker, No. 06-3115
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant

Monday, June 04, 2007

the magnitude of the variance and method of calculation were unreasonable

US v. Allen, No. 06-6111
In a case involving a variance of more than 2.5 times the top end of the U.S.S.G. recommended range, whatever latitude a sentencing court may have to adjust a sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence on the basis of evidence of a defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future. A sentence for possession of methamphetamine with intent to distribute is vacated where, although the sentencing court may consider defendant's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance and method of calculation were unreasonable.

Tuesday, May 29, 2007

district court erred in imposing an obstruction of justice enhancement

US v. Abdul-Aziz, No. 06-3032
A conviction and sentence for being a felon in possession of a firearm is vacated in part as to the sentence and remanded where the district court erred in imposing an obstruction of justice enhancement based on perjury as the record did not establish with the required clarity that the court exercised its independent judgment in reaching the decision to impose the enhancement