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[05/09]
U.S. v. Day
A conviction for, inter alia, mail and wire fraud is affirmed in part over claims over error regarding: 1) the exclusion of an expert witness's testimony for failing to meet the requirements under Fed. R. Evid. 702 and Daubert; 2) the exclusion of testimony by a witness for failing to comply with Fed. R. Crim. P. 16(b)(1)(C)(ii); 3) an increase in the sentencing level based on a determination that defendant had caused a loss greater than the ones included in the indictment; 4) an obstruction of justice sentence enhancement; 5) a sentence enhancement for abuse of trust; and 6) a sentence enhancement based on the number of victims involved. However, decisions denying the government's requests for forfeiture and a money judgment are reversed as: 1) criminal forfeiture is available for general mail and wire fraud under 18 U.S.C. sections 1341 and 1343, and not only for mail and wire fraud affecting financial institutions; and 2) money judgments are appropriate in the criminal forfeiture context.
[05/09]
US v. Martinez
In a sentencing proceeding wherein the district court applied a four-level enhancement to defendant's base offense level after finding, by a preponderance of the evidence, that defendant had used or possessed a firearm in connection with another felony offense, judgment is affirmed where: 1) the district court applied the correct standard of proof to the facts supporting the enhancement; 2) the sentence imposed was reasonable; and 3) the doctrine of constitutional avoidance did not apply to invalidate the sentence imposed.
[05/09]
US v. Regalado
Sentence for conspiring to distribute and possess with intent to distribute cocaine base is remanded where: 1) in light of the holding in Kimbrough, it was unclear whether the district court would have imposed a non-Guidelines sentence had it been aware of the Guidelines' advisory nature, and that it had the discretion to deviate from the Guidelines; and 2) the absence of that information precluded a review for plain error.
[05/08]
U.S. v. Friday
In a prosecution against a member of a Native American tribe for shooting an eagle without a permit in contravention of the Bald and Golden Eagle Protection Act (BGEPA), dismissal of the indictment based on a Religious Freedom Restoration Act challenge is reversed and remanded for trial where the Eagle Act and its regulations are the least restrictive means of pursuing the government's compelling interest in preserving the bald eagle.
[05/08]
People v. Varghese
Conviction for first-degree murder with a true finding of using a deadly weapon is affirmed over defendant's claims that the trial court erred in: 1) denying his request to conduct confidential DNA testing on what remained of a bloodstain found at the murder scene, which earlier testing indicated was his blood; and 2) refusing to suppress evidence found on a computer which was allegedly procured by defective search warrants.
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