One anonymous tip and one named tip sufficed for the search of the deft, given that the location was known to be the type of bar where people might drink with concealed weapons.
Court's instruction to counsel to consider why a caucasian person might have brought a gun to a predominantly african-american bar was egregious, but it didn't taint the proceeding, as the tips could still be weighed, and argument wasn't impeded.
http://www.ca4.uscourts.gov/opinions/174536.P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label Guns. Show all posts
Showing posts with label Guns. Show all posts
Seventh Circuit: USA v. Aaron Lamon
A weapons-possession count should not be grouped with a drugs count when tallying up the offense level during sentencing, as the weapons-possession charge incurs a statutory minimum term of imprisonment, removing the justification for such grouping.
Circuit split flagged, and doubled down upon.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-19/C:17-2764:J:PerCuriam:aut:T:fnOp:N:2172766:S:0
Circuit split flagged, and doubled down upon.
http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2018/D06-19/C:17-2764:J:PerCuriam:aut:T:fnOp:N:2172766:S:0
Tenth Circuit: United States v. Francis
Challenge to sentencing factor element waived, as not raised at trial, and appeal does not cite plain error standard.
Police testimony that the recipient confidential informant had criminal record suffices to establish unlawful sale sentencing factor.
Insufficient proof to establish that deft thought that the informant was among the class of prohibited recipients for trafficking enhancement.
Imposition of sex-offender treatment without relevant findings was plain error, but no violation of substantial rights, given that treatment ordered earlier wasn't completed.
https://www.ca10.uscourts.gov/opinions/16/16-1449.pdf
Fifth Circuit: USA v. Henry Walker
Drugs, Guns, FRCrimP, Crim
Given quantity of drugs, sufficient facts in evidence to support a guilty plea for possession of a firearm in furtherance of the drug crimes, despite lack of showing as to proximacy of guns to drugs or presence of ammunition.
USA v. Henry Walker
Ninth Circuit: USA V. LAVELLE PHILLIPS
Sentencing, Guns
No procedural error in sentencing--sufficiently explained.
Active concealment required for misprision suffices to make constitutional a bar on possession of firearms after conviction for Misprision of Felony.
USA V. LAVELLE PHILLIPS
Fifth Circuit: Jay Isaac Hollis v. Loretta Lynch, et al
Guns, Standing
Parallel state prohibition doesn't moot the claim when the argument is a constitutional one, since the state statute would presumably subsequently be found unconstitutional, and might separately legitimize the protected conduct.
As a trust holds property for the benefit of the beneficiaries, a gun owned by the trust would be considered to be possessed by the beneficiary. Even where trust is considered to be in possession, a natural person might also considered to be in possession.
No Second Amendment protection for machine guns, as they are dangerous and unusual and therefore not in common use.
Equal Protection analysis subsumed in Second Amendment calculus.
Jay Isaac Hollis v. Loretta Lynch, et al
First Circuit: Sig Sauer, Inc. v. Brandon
Administrative law
Where the statute bans a device with only one intended use, an agency ruling that bans a device theoretically capable of multiple uses is not arbitrary and capricious where the manufacturer's intent can be reasonably determined.
Sig Sauer, Inc. v. Brandon
First Circuit: US v. Prieto
Crim - accessory
Sufficient evidence for conviction for accessory to use of a firearm where jury might have inferred deft's prior knowledge of possession and deft didn't stop the car and walk away after possession was revealed.
Challenge to jury instructions might have been more appropriate.
http://media.ca1.uscourts.gov/pdf.opinions/14-2068P-01A.pdf
Sufficient evidence for conviction for accessory to use of a firearm where jury might have inferred deft's prior knowledge of possession and deft didn't stop the car and walk away after possession was revealed.
Challenge to jury instructions might have been more appropriate.
http://media.ca1.uscourts.gov/pdf.opinions/14-2068P-01A.pdf
Eighth Circuit: United States v. Levon Dean, Jr.
Hobbs Act robbery.
Where a statute has an express nexus to interstate commerce, the actual connection can be small; in this case, it suffices that the robbery affected the victim's ability to participate in interstate drug purchases.
Sufficient connection between the crimes for a common conspiracy, but harmless error, as participants were principals in both actions.
Because victim was hit rather hard on the head, there was sufficient bodily injury for the carjacking statute - injury need not be in or near the car.
As codeft had a distinctive walk while carrying a gun, sufficient evidence for knowledge of the gun.
Intent to affect interstate drug commerce not a necessary jury instruction for conspiracy count.
Constructive possession / vehicle instruction upheld.
Hearsay evidence properly considered in sentencing.
Sentencing court's denial of de minimis sentence for counts not subject to mandatory minimums was proper, despite the fact that the court stated that it did not have the power to impose a de minimis sentence.
http://media.ca8.uscourts.gov/opndir/15/12/151263P.pdf
Where a statute has an express nexus to interstate commerce, the actual connection can be small; in this case, it suffices that the robbery affected the victim's ability to participate in interstate drug purchases.
Sufficient connection between the crimes for a common conspiracy, but harmless error, as participants were principals in both actions.
Because victim was hit rather hard on the head, there was sufficient bodily injury for the carjacking statute - injury need not be in or near the car.
As codeft had a distinctive walk while carrying a gun, sufficient evidence for knowledge of the gun.
Intent to affect interstate drug commerce not a necessary jury instruction for conspiracy count.
Constructive possession / vehicle instruction upheld.
Hearsay evidence properly considered in sentencing.
Sentencing court's denial of de minimis sentence for counts not subject to mandatory minimums was proper, despite the fact that the court stated that it did not have the power to impose a de minimis sentence.
http://media.ca8.uscourts.gov/opndir/15/12/151263P.pdf
Eighth Circuit: Harris News Agency, Inc. v. William L. Bowers
Guns.
Error in denial of corporation's application for license to sell guns where the officers of the organization knew that a family member, convicted of a felony, was working as a gunsmith in a prior incarnation of the shop. Statute requires a willful violation.
http://media.ca8.uscourts.gov/opndir/15/12/151090P.pdf
Error in denial of corporation's application for license to sell guns where the officers of the organization knew that a family member, convicted of a felony, was working as a gunsmith in a prior incarnation of the shop. Statute requires a willful violation.
http://media.ca8.uscourts.gov/opndir/15/12/151090P.pdf
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