1. US v. Lynch, No. 10-50219 (9-13-18)(Rogers w/Bybee; dissent by
Watford).
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/13/10-50219.pdf
2. US v. Franklin, No. 17-30011 (9-13-18)(Berlin w/Thacker &
Hirwitz).
The 9th affirms the
conviction for marijuana trafficking via a dispensary. On the gov’t’s cross
appeal, the 9th remands for a resentencing to impose a mandatory 5 year minimum
sentence. The 9th though instructs the court to determine if the defendant’s
acts comply with state law.
The issue that prompted the
dissent concerns jury nullification. The majority found it firmly stated that
the jury had to follow the law.
Watford, dissenting, argues
that the district court went over the line. It seemed to threaten the jurors by
using language of violating oath and implying repercussions. This went beyond
the instructions to follow the law and not use personal views to determine the
verdict.
The 9th found no wrongful
impairment of the defendant’s entrapment by estoppel defense. Evidence was kept
out because it was hearsay.
Hard fought appeal by
Alexandra Yates of the FPD Cal Central (Los Angeles).
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/13/10-50219.pdf
The 9th holds that
Washington’s broad accomplice liability statute renders its drug trafficking
law broader than generic “federal drug trafficking” and hence is not a serious
drug offense” under ACCA. The 9th follows the interpretation used in Valdivisa-Flores, 876 F.3d 1201 (9th Cir
2017) for “aggravated felonies.”
Congrats to CJA Davina Chen.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/13/17-30011.pdf
1 Comments:
This Case is very interesting! Criminal Defense Attorney
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