Tag Archives: o&#039

Case o' The Week: Ninth Nod to the Nutty – Equivocation When Going Pro Se in Faretta Hearings

 Feeling Lucky?Charles 'Lucky' LucianoUnited States v. Audette, 2019 WL 2096455 (9thCir. May 14, 2019), decision available here.Players: Decision by Judge M. Smith, joined by Judges Hawkins and Hurwitz. Hard-fought appeal by District of Arizona AFPD Elizabeth J. Krushchek.Facts: Steven Audette … Continue reading

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Case o' The Week: Convictions of King and Queen Upheld by Ninth – Anieze-Smith and Restitution

  Queen avoids custody.   (But not restitution).United States v. Anieze-Smith, 2019 WL 1944737 (9thCir. May 2, 2019), decision available here. Players: Decision by Judge Gould, joined by Judge Nguyen and District Judge Benitez.   Hard-fought appeal by, among others, CD Cal AFPD … Continue reading

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Case o' The Week: A Wobble Bobble? – Christopher Johnson, Claims vs. Arguments, and Rule 32 on Appeal

  Priors may wobble, but they don’t fall down (in the Ninth).United States v. Christopher Johnson, 2019 WL 1523106 (9thCir. Apr. 9, 2019), decision available here.Players: Decision by Judge Mark Bennett, joined by Judges M. Smith and Nguyen.   Hard-fought appeal by … Continue reading

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Case o' The Week: Protection sans Objection – Haines and FRE 412 Evidence

  The Federal Rules of Evidence cannot be used as both a sword and a shield.  (By the defense).United States v. Haines, 918 F.3d 694 (9thCir. Mar. 14, 2019), decision available here.Players: Decision by visiting District Judge Adelman, joined by … Continue reading

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Case o' The Week: "Same either way" not OK – Vederoff and Post-Johnson status of Washington (non)-"Crimes of Violence"

  A downward variance to 60 months, or an upward variance to five years – mirror image, same result, yes?  Well, actually, no.United States v. Vederoff, 2019 WL 4706734(9thCir. Feb. 1, 2019), decision available here.Players: Decision by District Judge Gaitan, WD … Continue reading

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