LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Wilder
CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
US v. Marcano
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Curran
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LATEST SUMMARIES
CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Wilder, No. 06-2213
Conviction for possession, transmission, and receipt of child
pornography is affirmed over defendant's claims that: 1) the warrant
permitting seizure of materials from his home was issued without
probable cause; 2) the evidence at trial was insufficient to
establish his knowingly receipt or knowingly possession of child
pornography; and 3) the evidence was insufficient to support a
finding that the photographs on which the convictions were based
depicted real children, or that the images listed in his indictment
depicted a minor engaging in sexually explicit conduct.
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CRIMINAL LAW & PROCEDURE, PER CURIAM, SENTENCING
US v. Marcano, No. 07-1050
Sentence for aiding and abetting the receipt and possession of an
illegally modified firearm is affirmed where: 1) the district court
did not impose a period of incarceration and supervised release
involving home confinement in excess of the statutory maximum; 2)
defendant's argument that a district court may not impose "any"
period of home detention following incarceration was tenuous at
best, and he failed to cite any applicable precedent; and 3) in any
event, any error was not plain.
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CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Curran, No. 06-2647
Sentence and restitution ordered against defendant following a
conviction for wire fraud and money laundering is affirmed over
claims that: 1) the district court's calculation of the amount of
loss for determining defendant's Guideline sentence was excessive;
2) the district court erred in concluding that the scheme involved
more than 250 victims for purposes of a six-level sentencing
enhancement; and 3) the restitution order amount was erroneous due
to an absence of a causal link between the criminal offense and the
loss amount.
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