Circuit Snippets
A district court can rely on particular attributes of the local community to justify a variance in the sentence, the 2d Circuit held. It affirmed a district court's decision to enhance a defendant convicted of illegally trafficking in firearms based on the need for greater deterrence in NYC. US v. Cavera, No. 05-4591-cr (2d Cir. 12/4/08), on rehearing 505 F.3d 216.
A public official can be convicted of "honest services" fraud under federal law even though the misconduct does not violate state law, the 9th Cir. held. This holding conflicts with the 5th Circuit's interpretation of 18 USC 1346, which had held that the public official had violated a duty created by state law. US v. Weyhrauch, No. 07-30339 (9th Cir. 11/26/08)
Persons who claim to be victims of a crime under the Crime Victims' Rights Act cannot appeal an alleged denial of their rights except through a petition for mandamus, the Tenth Cir. held. US v. Hunter, No. 08-4010 (12/2/08)
A district judge erred when he concluded he was not a "judicial officer" within the meaning of 18 USC 3145(c) and he therefore could not consider a drug offender's request for release pending sentencing based on exceptional reasons, the 4th Cir. held. US v. Goforth, No. 08-4291 (4th Cir. 11/21/08)
Federal agents should have gotten a search warrant before they entered an area under tarps that the defendant had suspended over his vehicle and campsite, the Cal. Court of Appeal held. People v. Hughston, No. A118939 (Cal. Ct. App. 11/26/08)
The Fifth Circuit discussed the proper method to calculate loss in a loan fraud case, and basically determined the loss is determined case-by-case. Sometimes the value of collateral is deducted, sometimes not. In this case, each loan needed to be examined to determine actual loss. US v. Goss, No. 07-60699 (5th Cir. 11/21/08)
The sentence enhancement under USSG 3A1.4 for offenders who commit felonies intended to promote terrorism is applicable even if the conduct does not transcend national boundaries. US v. Salim, No. 04-2543-cr (2d Cir. 12/2/08)
A district court could grant a variance to bring a defendant's sentence in line with that of a co-defendant who was equally culpable but struck a deal with the prosecution, the 6th cir. held. US v. Presley, No. 07-1147 (6th Cir. 11/24/08)
A public official can be convicted of "honest services" fraud under federal law even though the misconduct does not violate state law, the 9th Cir. held. This holding conflicts with the 5th Circuit's interpretation of 18 USC 1346, which had held that the public official had violated a duty created by state law. US v. Weyhrauch, No. 07-30339 (9th Cir. 11/26/08)
Persons who claim to be victims of a crime under the Crime Victims' Rights Act cannot appeal an alleged denial of their rights except through a petition for mandamus, the Tenth Cir. held. US v. Hunter, No. 08-4010 (12/2/08)
A district judge erred when he concluded he was not a "judicial officer" within the meaning of 18 USC 3145(c) and he therefore could not consider a drug offender's request for release pending sentencing based on exceptional reasons, the 4th Cir. held. US v. Goforth, No. 08-4291 (4th Cir. 11/21/08)
Federal agents should have gotten a search warrant before they entered an area under tarps that the defendant had suspended over his vehicle and campsite, the Cal. Court of Appeal held. People v. Hughston, No. A118939 (Cal. Ct. App. 11/26/08)
The Fifth Circuit discussed the proper method to calculate loss in a loan fraud case, and basically determined the loss is determined case-by-case. Sometimes the value of collateral is deducted, sometimes not. In this case, each loan needed to be examined to determine actual loss. US v. Goss, No. 07-60699 (5th Cir. 11/21/08)
The sentence enhancement under USSG 3A1.4 for offenders who commit felonies intended to promote terrorism is applicable even if the conduct does not transcend national boundaries. US v. Salim, No. 04-2543-cr (2d Cir. 12/2/08)
A district court could grant a variance to bring a defendant's sentence in line with that of a co-defendant who was equally culpable but struck a deal with the prosecution, the 6th cir. held. US v. Presley, No. 07-1147 (6th Cir. 11/24/08)
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