Monday, February 10, 2014

United States v. Vallejos, No. 13-10025 (2-10-14)(Gould with Hawkins and Paez). 
In a receipt of child pornography case, the 9th affirmed conviction and sentence.   It held that the court did not abuse its discretion in admitting a redacted confession.  The "rule of completeness" under FRE 106 did not compel the whole statement to come in; just the context of the statements.  The 9th also held that a lesser included was not compelled because the evidence was clear that the defendant had downloaded the images, and was just not in possession.  Finally, Apprendi did not apply for the enhancements.


Post a Comment

<< Home