Saturday, January 29, 2022

US v. Saini, No. 19-50196 (1-24-22)(Bennett w/Bybee & Bataillon). An “intent to defraud” under 18 USC 1029(a)(3)and (4) requires “an intent to defraud and heat.” This means the government must prove the defendant had the intent to deprive a victim of money or property by deception. The reading is supported textually and it is unambiguous. While the instruction was error, it was harmless.

The decision is here:

US v. King, No. 21-10002 (1-25-22)(Gould w/Bennett & Nelson). Compassionate Relief under the First Step Act does not apply to offenses before Nov. 1, 1987. They can gain relief only if BOP moves.

The decision is here:


US v. Orrock, No. 19-10388 (1-26-22)(Bumatay w/Bade & Berman).The 9th clarified the statute of limitations for tax evasion: 26 USC 7201. The SL runs from the last act necessary to complete the offense – tax deficiency or evasion, whichever is later. This is the approach of the other circuits. Evasion of assessment and evasion of payment are two sides of the same coin, and that coin is taxable. It depends which side was used last.

The decision is here:

US v. Ceja, No. 20-50204 (1-26-22)(Kelly w/M. Smith & Forrest). The 9th affirmed convictions and sentences for a drug conspiracy. The 9th found the oral waiver of jury trial was “knowing and voluntary.” There was a Spanish interpreter and the colloquy was adequate. The court did not err in granting new counsel, finding the reason for the request (a better deal) was not a basis. The defendant was a career offender as the prior matched categorically.

The decision is here:



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