Case Summaries
Criminal Law & Procedure
[03/11]
US v. Dodd
Defendant's sentence for knowingly receiving and possessing child pornography is affirmed where: 1) absent concrete evidence of ignorance -- evidence that was needed because ignorance was entirely counterintuitive -- a fact-finder could reasonably infer that the defendant knowingly employed a file sharing program for its intended purpose; and 2) the district court committed no procedural error in determining defendant's advisory guidelines sentencing range.
[03/11]
US v. Akens
Defendant's drug and firearm possession conviction are affirmed where: 1) defendant's prior Missouri conviction was a sufficient predicate for his 18 U.S.C. section 922(g)(1) conviction, despite its expungement; 2) defendant was not entitled to a Franks hearing because he did not make a substantial preliminary showing; and 3) defendant knowingly and voluntarily waived his rights to appeal the firearm enhancement and the career offender status in exchange for a 140-month sentence.
[03/11]
US v. Shuler
Defendants' sentences for child pornography-related offenses are affirmed where: 1) the district court's explicit statement that "the ultimate sentence of 470 months would be the same even without the four-level increase for sadistic images and other depictions of violence" cured any procedural error; and 2) even if defendant was ignorant of a hidden camera, the tape recorded on the camera was ample evidence defendant enticed the minor victim to produce child pornography.
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