Tuesday, July 21, 2015

US v. Mahon, No. 12-10273 (7-20-15)(Owens with Thomas and Benavides).  Note:  This is an AZ FPD case.  The 9th affirmed convictions for a pipe bomb explosion, finding that a building which is non-economic in nature, purpose, design, and meaning (such as a Diversity office for a municipality) can nonetheless engage in interstate commerce through a city store. 


US v. Aquino, No. 14-10360 (Owens, Wardlaw, Berzon).  The 9th vacates a sentence on a SR violation.  The defendant was being coy when she denied use of "illicit drugs" (spice) but the government failed to prove that it was an illicit drug--drug testing failed to reveal any evidence of an illegal or illicit drug in her system.  The 9th appreciated the concerns of the district court, and the goal of the probation officer, but the evidence did not support that she had used illicit drugs--just that she smoked "spice," and it was unclear what that was and whether it contained a controlled substance.


Congrats to AFPD Salina Althof of the Hawaii FPD Office.


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