Tag Archives: o&#039

Case o' The Week: Seeing Double? Indictment Trouble – Chilaca and Multiplicity in Child Porn Cases

 Four bites at the apple are three too many.United States v. Chilaca, 2018 WL 6165235 (9thCir. Nov. 26, 2018), decision available here. Players: Great decision of first impression by visiting SD Texas Chief DJ Rosenthal, joined by Judges Judges Hurwitz and … Continue reading

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Case o' The Week: A brace of categorical wins — Menendez and CPC 288(c)(1) offenses

The Honorable Judge William Fletcher  Taylor-ed to a T.Menendez v. Whitaker, 2018 WL 5832974 (9thCir. Nov. 8, 2018), decision available here.Players:  Decision by Judge W. Fletcher. Concurrence by Judge Callahan, joined by Judge Owens.  Facts: The Ninth considered two petitions for … Continue reading

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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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