Articles Posted in Criminal Law and Justice

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May 3-7, 2010
U.S. Supreme Court, May 03, 2010 Renico v. Lett, No. 09–338 In a murder prosecution, a grant of petitioner’s habeas petition is reversed where it was reasonable for the Michigan Supreme Court to determine that the trial judge had exercised sound discretion in declaring a mistrial, and thus the state court’s decision was not an unreasonable application of clearly established federal law under a proper application of the AEDPA’s deferential standard of review. .

U.S. 1st Circuit Court of Appeals, May 03, 2010 US v. Guzman, No. 08-1693 Conviction and life sentence of defendant for his role in an arson that killed a mother and her infant daughter are affirmed where: 1) there was no error in the denial of defendant’s motion to suppress statements made to ATF agents; 2) there was no error in the court’s exclusion of hearsay statements offered by defendant and limits on cross-examination; 3) district court correctly found a jurisdictional nexus with interstate commerce; and 4) defendant was properly sentenced as the district court’s failure to explain the sentence was not plain error, correctly applied the sentencing guidelines and the life sentence was substantively reasonable.

U.S. 1st Circuit Court of Appeals, May 03, 2010 US v. Aranjo , No. 08-2307 Convictions of a former CEO of a federal credit union and her husband for conspiracy to embezzle and to make false entries, and other related crimes, are affirmed where: 1) the defendants’ Batson claims are rejected as district judge did not clearly err in accepting the proffered reasons with respect to the government’s peremptory challenge of an African-American juror; and 2) the husband’s remaining claims are rejected as sufficient evidence supported his convictions.
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April 12 -16, 2010:

U.S. 1st Circuit Court of Appeals, April 14, 2010 US v. Cintron-Echautegui, No. 08-1800 In a conviction of defendant for conspiracy to distribute controlled substances, district court’s imposition of 292-months’ imprisonment is affirmed as the court did not clearly err in making its drug quantity determination. .

U.S. 1st Circuit Court of Appeals, April 14, 2010 US v. Mardirosian, No. 09-1144 Conviction of defendant for possessing, concealing or storing six stolen paintings, including a rare Cezanne valued at $29 million, is affirmed where: 1) the 1999 Agreement had no bearing on the “stolen” character of the paintings as the agreement was void ab initio as a contract for an illegal purpose; 2) the jury’s finding that defendant knew the paintings were stolen at some point after taking possession of them was sufficient to satisfy 18 U.S.C. section 2315’s mens rea requirement; 3) district court did not err in instructing the jury that the Agreement did not provide defendant with viable mens rea defense to the charge; and 4) district court’s use of Cezanne’s 1999 auction price in its calculation of loss was not clearly erroneous.

U.S. 1st Circuit Court of Appeals, April 15, 2010 US. v. Ellison , No. 09-1234 In a conviction of defendant for robbery and related offenses, district court’s denial of defendant’s motion to suppress statements made to the police while being held at a county jail charged with another crime is affirmed, as there is nothing in the facts of this case that would be likely create the atmosphere of coercion subject to Miranda concern. .
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