Sunday, September 25, 2022

1. US v. Chen, No. 20-50333 (9-14-22)(Navarro w/Rawlinson & Christen). “We hold that a district court may consider the First Step’s non-retroactive changes to sentencing law, in combination with other factors particular to the individual defendant, when determining whether extraordinary and compelling reasons exist for a sentence reduction under 18 U.S.C. 3582(c)(1)(A).” p. 3.

The issue was stacked 924(c)s. The sentencing court can consider the change in law.

Congrats to Joshua Weiss & Kathryn Young, Deputy FPDs, Cal C (L.A.).

2.  US v. Fowler, No. 21-30172 (9-13-22)(Miller w/Ikuta & Pregerson). Affirming denial of a suppression motion, the 9th upheld the cross-deputization of a Montana state trooper to enforce tribal law when there is a gap in the jurisdictions. The trooper stopped the defendant, an Indian, on a highway cutting through the reservation. The cross-deputization agreement was valid. The fact the deputy did not carry an identification card which clearly violates the agreement did not rise to a serious enough violation to cause the sovereign parties to seek a remedy.

3. US v. Montoya, No. 21-50129 (9-13-22)(Lee w/Ikuta; concurrence by Forrest). The 9th wouldn’t let appellant withdraw her guilty plea. The appellant argued the court’s saying it “rejected” a non-binding sentencing recommendation transformed the plea to an 11(c)(1)(C). “No,” says the 9th; the word didn’t make it what it wasn’t. The 9th also held failing to orally recite the standard conditions was not err. US v Napier, 463 F.3d 1040 (9th Cir 2006) does not require it. At the COP colloquy, the court’s failure to say the defendant had a right to a jury trial did not affect her rights. Concurring, Forrest regards Napier as wrong. The “standard” conditions are too broad a definition.


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