1.  US v. Richards, No. 21-10190 (10-31-22)(Callahan w/Bybee & Collins). The 9^th affirms two consecutive 24-month sentences for SR violations. The 9^th rejected the argument that SR violations for criminal conduction should be proved beyond a reasonable doubt and not preponderance. Justice Breyer’s controlling concurrence in Haymond still rules the day; the 9th rejected this in previous precedent; and all other circuits have rejected this argument. The consecutive sentences are supported by the actions of two distinct offenses, at different places and times (possession of a firearm and ammunition). The sentences also flow from two distinct counts in the underlying indictment. Last, the violation and sentences are supported by sufficient evidence.

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/31/21-10190.pdf

 

2. In re Jane Doe, No. 22-70098 (Graber w/Friedland & Koh). The 9^th reiterates that a defendant may agree to restitution in a plea agreement even where there is otherwise no statutory authority for it.

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/10/25/22-70098.pdf