Monday, October 31, 2022

1.  US v. Richards, No. 21-10190 (10-31-22)(Callahan w/Bybee & Collins). The 9th affirms two consecutive 24-month sentences for SR violations. The 9th rejected the argument that SR violations for criminal conduction should be proved beyond a reasonable doubt and not preponderance. Justice Breyer’s controlling concurrence in Haymond still rules the day; the 9th rejected this in previous precedent; and all other circuits have rejected this argument. The consecutive sentences are supported by the actions of two distinct offenses, at different places and times (possession of a firearm and ammunition). The sentences also flow from two distinct counts in the underlying indictment. Last, the violation and sentences are supported by sufficient evidence.


2. In re Jane Doe, No. 22-70098 (Graber w/Friedland & Koh). The 9th reiterates that a defendant may agree to restitution in a plea agreement even where there is otherwise no statutory authority for it.



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