Friday, July 20, 2018

U.S. v. Arnold, 878 F.3d 940 (12/27/17) (Okl.) - The 10th upholds a forfeiture order. The 10th holds it was okay under Fed. R. Crim. P. 32.2 for the district court to amend a preliminary general forfeiture order once the amount of the money judgment was calculated. There were ongoing disputes regarding restitution that made the forfeiture amount uncertain until the court resolved the disputes. The 10th finds the indictment gave Mr. Arnold sufficient notice of a possible forfeiture. The indictment doesn't have to allege an approximate amount, a method of computation or what are the substitute assets involved. The 10th also concludes the statutes mandating restitution and forfeiture do not allow a defendant's payments towards one to offset the amount owed to the other.

Farrell v. Montoya, 878 F.3d 933 (12/27/17) (N.M.) - The 10th rules in favor of an officer in a ยง 1983 civil rights case regarding an incident that acquired a lot of notoriety in New Mexico where, near Taos, an officer fired three shots at a car with five kids in it.. The 10th holds the Farrells were not seized when the officer fired shots at them because when they fled they were not submitting to the officers. A momentary pause from fleeing would not constitute a seizure. A person must really submit to police authority before there's a seizure. The 10th rejects the Farrells' argument that, at the time of the shots, there was an ongoing seizure because at first the mother submitted to the officer making a traffic stop. Calling 911 and looking for a police station while fleeing did not a seizure make. The Farrells' subjective intentions are irrelevant, the 10th rules.