Criminal Law & Procedure
[08/05] US v. MARTINEZ-PARAMO
Defendant's conviction for being unlawfully present in the United States is affirmed, however, his sentence is vacated and remanded to allow the government to supplement the record with missing information regarding a previous indictment concerning a crime of violence.
[08/05] US v. DAVIS
The district court's denial of defendants death sentences, on grounds that their indictment did not contain elements required by the Federal Death Penalty Act, is reversed where the exclusion occurred when the indictment was returned, and, subsequently, the error was harmless since it did not attach at sentencing.
[08/05] JONES v. KELLY
The district court's decision requiring defendant to provide post-seizure hearings for cars held as arrest evidence and for forfeiture proceedings is affirmed as it relates to cars held for forfeiture but reversed with respect to cars held as arrest evidence.
[08/05] ABIMBOLA v. ASHCROFT
Plaintiff's petition for a writ of habeas corpus is dismissed over his challenges that 1) his plea to larceny was not a conviction, 2) a Connecticut third-degree larceny does not qualify as an aggravated felony, 3) the district court abused its discretion in denying a motion to change venue, and 4) the Immigration Judge improperly decided credibility determinations.
[08/05] US v. CHEN
Defendant's convictions of conspiracy to collect extensions of credit by extortionate means are affirmed over their challenges that venue was improper and that the evidence was insufficient to support the conviction.
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