Case Summaries

Criminal Law & Procedure

[05/24] Rivera v. US
The district court properly denied petitioner's motion pursuant to 28 U.S.C. section 2255 to vacate, set aside, or modify his sentence for possession of a firearm after having been convicted of a felony, where: 1) defendant's prior drug conviction counts as a predicate "serious drug offense" under the Armed Career Criminal Act of 1984 (ACCA) because predicate drug-related felonies are determined by reference to the maximum term of imprisonment applicable to a defendant's previous drug offense at the time of the defendant's state conviction for that offense; and 2) coupled with the pair of violent felonies (robbery and attempted assault), defendant's criminal record included three ACCA predicate felonies.

[05/24] US v. Ciavarella
Former state court judge's convictions and sentence for racketeering, honest services mail fraud, money laundering conspiracy, filing false tax returns, and several other crimes arising out of the "Kids for Cash" scandal involving juvenile detention centers, are affirmed with the exception of Count 7, where: 1) the district court did not abuse its discretion in denying defendant's recusal motions; 2) there was no abuse of discretion in the district court's exclusion of the U.S. Attorney's statements at another party's plea hearing; 3) the limitations placed on the cross-examination of certain witnesses did not violate the Confrontation Clause; 4) the district court did not err by admitting evidence that demonstrated that defendant and another judge involved in the scheme failed to disqualify themselves in certain lawsuits over which they presided; 5) there was sufficient evidence to support defendant's convictions; 6) the Count 7 Honest Services Mail Fraud charge was time-barred but resentencing is not required ; and 7) defendant's challenges to his sentence fail.

[05/24] US v. Murphy-Cordero
Conviction and sentence on drug charges with sentencing enhancement for possession of a dangerous weapon, a gun, during and in the course of the crime of conviction are affirmed, where: 1) the district court's rejection of the 168-month sentencing recommendation, a material term of the plea agreement, vitiated the waiver-of-appeal provision in its entirety; but 2) the dangerous weapon enhancement was adequately grounded in the record; and 3) the sentencing court considered the relevant sentencing factors and adequately explained the sentence.

[05/23] US v. Bogle
Defendant's conviction for possessing a firearm and body armor as a convicted felon is affirmed, where 18 U.S.C. section 922(g)(1) does not violate defendant's Second Amendment right to keep and bear arms.

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Sentencing

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