Friday, July 26, 2019

1.     US v. Phillips, No. 18-50138 (7-11-19)(Owens w/Wardlaw & Bybee). This is an appeal from a jury conviction for conspiracy to use interstate telephone calls in the commission of a murder for hire violation of 18 U.S.C. § 1958.  The issue is whether a promise to forgive an uncollectible debt satisfies the pecuniary value requirement for the conviction. It does.

The decision is here:

2.      US v. Perez, No. 17-10216 (7-11-19)(Ikuta w/Siler & Paez). The defendant was convicted of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). On appeal of his sentence, the 9th concludes that battery resulting in serious bodily injury, Calif. Penal Code 243(d), qualifies as a “crime of violence”  as defined in USSG 4B1.2(a)(1).  Thus, the sentence and the offense level were affirmed.  In so holding, the 9th distinguishes battery, 242, from battery resulting in serious bodily injury, 243,  and finds that that the latter requires a deliberate infliction of severe injury.

The decision is here:



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