Tuesday, January 18, 2022

1.    US v. Turchin, No. 10464 (1-3-22)(Collins w/Wardlaw; Fernandez concurring and dissenting). The 9th reverses and vacates convictions for fraud under 18 USC 1028(a)(1) and conspiracy under 371 concerning production of identification documents. The government failed to establish the requisite nexus to commerce (!) in making fraudulent state drivers’ licenses. As for jury instructions, the instruction was error because it refers to “United States” as the national government and not to the individual States. There might be sufficient evidence, thus the 9th vacates and remands. Fernandez concurs on the nexus and other issues but dissents as to the jury instruction on 1028. The issue as to the “States” was not raised nor argued and is not plain error.

The decision is here:


2.    US v. Jackson, No. 20-35592 (1-3-22)(Nguyen w/Paez & M. Smith). In a habeas alleging the government violated the plea agreement, the 9th affirmed the district court’s denial of breach. The petitioner argued the government promised a recommendation of 120-180 months (which the government followed) and also promised the co-defendant would not be offered a lesser sentence. The record did not support such a promise, and the plea’s waiver of habeas is thus enforced. The matter is remanded as to whether there is a valid IAC claim.

The decision is here:



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