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Case Summaries

Criminal Law & Procedure

[07/02] People v. Nguyen
Court of Appeals judgment is reversed where the absence of a constitutional or statutory right to jury trial under the juvenile law does not, under Apprendi, preclude the use of a prior juvenile adjudication of criminal misconduct to enhance the maximum sentence for a subsequent adult felony offense by the same person under California's Three Strikes law.

[07/02] People v. Farley
Conviction for first degree murder and other crimes and sentence to death is affirmed where: 1) the trial court did not err in denying defendant's motions for a change of venue and in its rulings on various challenges to the makeup of the jury; 2) the court did not err in denying several motions to suppress and in its evidentiary rulings, in various instructions it made to the jury, and in denying requested defense instructions; 3) the court did not err denying defendant access to data concerning his past employment and in prohibiting him from introducing evidence on that subject, and did not err in refusing to give proposed instructions on aggravating and mitigating circumstances; and 4) there is no merit to defendant's argument that the death penalty statute violates the United States Constitution.

[07/02] US v. Blake
Defendant's carjacking conviction is affirmed, where the District Court did not err in refusing to suppress his post-arrest statements, because no evidence suggested that the arresting officer's provision of a statement of charges was anything other than an action normally attendant to arrest and custody.

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Sentencing

[07/02] US v. Pepper
Sentence for drug crimes is affirmed where: 1) this court's prior remand did not require the district court to grant defendant a 40 percent downward departure for substantial assistance as the remand was a general remand for resentencing and did not place any limitations on the discretion of the district court judge in resentencing; 2) the court did not abuse its discretion by refusing to grant more than a 20 percent reduction based on defendant's substantial assistance; 3) the court did not abuse its discretion by denying defendant's request for a downward variance based on his post-sentencing rehabilitation and the cost of his incarceration; and 4) defendant's sentence was not unreasonable.

[07/02] US v. Schmidt
Conviction and sentence for being a felon in possession of a firearm and ammunition is affirmed where: 1) the district court had jurisdiction over the offense as defendant's possession of a firearm manufactured out of country and ammunition manufactured out of state was sufficient to satisfy 18 U.S.C. sec. 922(g)(1)'s required nexus to interstate commerce; and 2) defendant's sentence was not unreasonable.

[07/02] US v. Lee
Sentence for aiding and abetting assault with intent to rob a post office is affirmed where: 1) the district court did not err in overruling defendant's objections to the sentencing enhancements without requiring the government to present any evidence as there was sufficient evidence in the record to support each of the enhancements; and 2) the court did not err in imposing an enhancement under Guidelines sec. 2B3.1(b)(4)(B), as one of his accomplices struck a woman attempting to leave the post office during the robbery, thereby physically restraining the victim.

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