Case Summaries
Criminal Law & Procedure
[08/20] US v. Hicks
In a prosecution for being a felon in possession of a firearm and possession of a firearm not registered to defendant, denial of a motion to suppress is vacated and case remanded where: 1) defendant did not object to a search of his home by police; 2) defendant was not removed from the home for the specific purpose of preventing him from objecting to a search; 3) defendant's girlfriend freely and voluntarily consented to the search; but 4) further factfinding was required to determine if officer's statement to girlfriend that he would get a warrant if consent was not given was based on a reasonable belief that he could, in fact, obtain a warrant.
[08/20] US v. Vinyard
Vacatur of defendant's guilty plea and sentence for manufacturing, possessing, and possessing with intent to distribute methamphetamine is vacated, and writ of mandamus issued ordering reinstatement of that sentence, where: 1) jeopardy had attached at sentencing, creating the possibility of a double-jeopardy challenge if the government subjected defendant to a new trial and therefore making the normal appeal process an inadequate remedy; 2) release of defendant pending re-trial, and the possibility of acquittal at a second trial, constituted irreparable harm; 3) the district court erred in applying Fed. R. Crim. P. 35(a) to correct its own alleged errors in sentencing defendant; and 4) the district court violated Fed. R. Crim. P. 11(e) by setting aside defendant's guilty plea.
[08/20] US v. Reed
Convictions for being a felon and a drug user in possession of a firearm are affirmed over claims that: 1) consent to search defendant's residence given by a co-tenant was invalid; and 2) a proposed jury instruction was improperly denied.
[08/20] US v. Cannon
Conviction and sentence for distributing crack cocaine are affirmed over objections that: 1) there was insufficient evidence to convict given the failure of recording equipment that was to audiotape the drug transaction; 2) deposition testimony of an unavailable witness used against defendant was prejudicial and violated defendant's Sixth Amendment rights; and 3) the judge used a preponderance of the evidence standard to find drug quantities that subjected defendant to a mandatory minimum sentence.
[08/20] US v. Branch
Conviction and sentence for drug- and firearm-related offenses is affirmed where: 1) there was no question that the police were allowed to detain defendant after witnessing him commit a traffic violation; and 2) during this detention the police formed a "reasonable suspicion" of ongoing criminal activity that justified extension of the traffic stop; and 3) defendant's other claims were without merit.
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