LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
• US v. Hullette

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
• US v. McFadden
• US v. Tingle
• US v. Miranda

LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE, EVIDENCE, PER CURIAM
US v. Hullette, No. 07-3325
In a prosecution for possession of firearms by a convicted felon, grant of the government's motion in limine to preclude the defense of entrapment by estoppel is affirmed where: 1) a federally licensed firearms dealer is not a government official whose representations give rise to an entrapment by estoppel defense; and 2) even if the dealer were a government agent, a report generated from the National Instant Criminal Background Check System (NICS) permitting the dealer to "proceed" with a firearms sale is not the type of statement giving rise to the entrapment by estoppel defense. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
US v. McFadden, No. 08-1736
An order denying defendant's motion for reduction of sentence pursuant to 18 U.S.C. section 3582(c)(2) based on Amendment 706 to the U.S.S.G. is affirmed where, even with the benefit of Amendment 706, defendant was not entitled to a sentence reduction, as his newly calculated guideline range would still be limited by U.S.S.G section 5G1.1(a) and remain unchanged. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
US v. Tingle, No. 08-1777
An order denying defendant's motion for reduction of sentence pursuant to 18 U.S.C. section 3582(c)(2) based on Amendment 706 to the U.S.S.G. is affirmed where defendant did not meet the eligibility requirements for a sentence reduction under section 3582(c)(2), as he was a career offender. Read more...

CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
US v. Miranda, No. 08-1887
An order denying defendant's motion for reduction of sentence pursuant to 18 U.S.C. section 3582(c)(2) based on Amendment 706 to the U.S.S.G. is affirmed where defendant was sentenced as a career criminal, and thus ineligible for such a reduction. Read more...