Tag Archives: o&#039

Case o' The Week: The 411 on 211 – Bankston and California Robbery and Guideline "Crime of Violence" (CPC 211)

The Hon. Judge Marsha Berzon  “Why the hell did [the Sentencing Commission”] do it this way? It’s ridiculous!” . . .  “I feel like calling them up and asking them!”  So fumed Judge Berzon when wrestling with the 2016 amendment to … Continue reading

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Case o' The Week: (Her) Honor and a Privilege – Fomichev and FRE 501 Marital Communication Privileges

 Till death (or interrogating federal agents) do us part. United States v. Fomichev, 2018 WL 3748658 (9thCir. Aug. 8, 2018), decision available here.Players: Decision by Judge Christen, joined by Judges Wardlaw and Owens. Facts: Fomichev, born in Russia, came to … Continue reading

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Case o' The Week: Government's Pleas Fall on Skeptical Ninth Ears – Armando Vera and Use of Co-D Plea Agreements at Sentencing

 If at first you don’t succeed, Find a co-d, make him plead, Use co-D’s plea to prove your fact, Then up to the Ninth, who sends you back.United States v. Armando Vera, 2018 WL 3097956 (9thCir. June 25, 2018), decision available here.Players: Decision … Continue reading

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Case o' The Week: Big To Do, "Related To" – Reinhart and Categorical Analysis of Child Porn Priors

  Ninth delivers a “narrow” defense win.United States v. Reinhart, 2018 WL 3016942 (9thCir. June 18, 2018), decision available here.The Hon. Judge Mary MurguiaPlayers: Decision by Judge Murguia, joined by Judge Gould and D. Wyoming Chief District Judge Freudenthal.  Big … Continue reading

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Case o' The Week: Ninth Nixes Extortion Contortions – Edling and "Crime of Violence" Under Guideline Definition

  Did Tony Soprano extort by threatening “physical injury” to his victim's iPad?  (Yeah, the Ninth doesn’t think so, either.)United States v. Edling, 2018 WL 2752208 (9thCir. June 8, 2018), decision available here.Players: Decision by Judge Watford, joined by C.J. … Continue reading

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