Friday, November 15, 2019

1. US v. Dailey, No. 18-10134 (11-4-19)(Bea w/Gould & Friedland). The 9th dismissed an appeal challenging a probation condition. The defendant pled to a Travel Act offense of transporting a minor for the purpose of prostitution. The court, as a condition of probation, required registration as a sex offender. The 9th found this was not an illegal sentence, as the residual clause of SORNA was non-categorical. Moreover, the defendant admitted why and for what purpose she was transporting the minor.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/04/18-10134.pdf

2.  US v. Norris, No. 17-10354 (11-4-19)(Rawlinson w/Schroeder & O’Scannlain).The 9th concluded no 4th amendment violation took place when the police intercepted a wireless tracking program. The interception was outside the defendant’s house. The defendant though had connected to a third party’s router without authorization.  Thus, he had no Katz expectation of privacy.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/04/17-10354.pdf

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