Tuesday, January 27, 2009

Unpublished Decisions

Silvan W. v. Briggs, 07-4272 (1/23/09) (unpub'd) - It was okay to detain someone who was reasonably suspected of obstructing justice with respect to the state taking children from their parents, especially because the plaintiff was a police officer and might have been armed. It is permissible to search the contents of a cell phone found on an arrested person. While recognizing a seizure could occur when an officer requires someone not to remain where he is, the plaintiffs were not seized when an officer threatened to arrest them if they did not return home. The plaintiffs could have ended the phone call or simply refused to return home.

US v. Rosas-Caraveo, 2009 WL 141896, 1/22/09 - Bottom range sentence in this reentry case affirmed. Of note is the panel's refusal to adopt in this circuit a requirement to assess requests for downward variances based on cultural assimilation in light of various factors culled from cases from other circuits, including "the length of time the defendant has lived in the United States, whether he came to the United States as an adult or as a child, whether he was educated in the United States, any steps he has taken to establish residency or become a citizen, his familiarity with his country of origin and whether he has any children who reside in the United States." Instead, cultural assimilation is just one more ingredient in the 3553(a) stew.

US v. Waldon, 2009 WL 142041, 1/22/09 - Revocation of convicted bank robber's supervised release for committing misdemeanor offense of disorderly conduct by propositioning 12 year old girl in the public library affirmed. Defendant was cited for the offense and his PO filed a revocation petition. The district court essentially conducted its own trial and found the defendant guilty. There is no mention of what happened, if anything, on the citation itself.