November 23-27, 2009.
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U.S. 1st Circuit Court of Appeals, November 25, 2009 US v. Gonzalez-Velez, No. 07-2277 Defendant’s sentence of 135-months’ imprisonment after being convicted of participating in a conspiracy to distribute narcotics is affirmed where: 1) trial court’s reliance on witness’ testimony was not unreasonable; 2) district court did not err in attributing the full five kilograms of cocaine to defendant in calculating the base offense level of 32; 3) district court did not err in denying defendant’s request for a two-level reduction in his offense level for acceptance of responsibility.
U.S. 2nd Circuit Court of Appeals, November 25, 2009 Michtavi v. N.Y. Daily News, No. 08-2111 In an action for libel and intentional infliction of emotional distress based on news reports stating that plaintiff, a criminal defendant, was to cooperate with prosecutors, dismissal of the complaint is affirmed where the statement reporting that plaintiff planned to cooperate with authorities was not defamatory as a matter of law.
U.S. 4th Circuit Court of Appeals, November 24, 2009 US v. Phillips, No. 07-4230 Defendant’s conviction for securities fraud, mail fraud, and other related crimes is affirmed as a warrant’s inclusive language was reasonably read by the postal inspection agents to encompass the seized evidence and thus, the agents’ seizures were permissible.
U.S. 5th Circuit Court of Appeals, November 25, 2009 US v. Carey, No. 08-60961 Defendant’s aggravated sexual abuse of a minor conviction and sentence are affirmed where: 1) the admissibility of testimony accompanied by a Fed. R. Evid. 612 refreshment did not depend upon the source of the writing, the identity of the writing’s author, or the truth of the writing’s contents; 2) a victim-witness’s youth and nervousness could satisfy Rule 611’s necessity requirement; and 3) defendant’s sentence was not procedurally unreasonable because the district court examined the 18 U.S.C. section 3553 factors.
U.S. 6th Circuit Court of Appeals, November 23, 2009 US v. Simmons, No. 07-3449 Defendant’s sentence of 116 months’ imprisonment for possession of more than five grams of crack cocaine with intent to distribute and for being a previously convicted felon in possession of a firearm is affirmed and remanded where, although the district court’s sentencing was procedurally and substantively adequate, the Guidelines have since been revised to lower the range for certain crack offenses and defendant may be eligible for a sentencing reduction.
U.S. 6th Circuit Court of Appeals, November 23, 2009 US v. Petrus, No. 08-1706 Defendant’s sentence to 70 months’ imprisonment for conspiring to possess with intent to distribute illegal drugs is affirmed where: 1) the district court did not commit any significant procedural error in imposing defendant’s sentence and the sentence was procedurally reasonable; and 2) considering the totality of the circumstances, including the Guidelines, the section 3553(a) factors, the nature of the offense, defendant’s family situation, his immigration status, his lack of criminal history, and defendant’s asserted attempt to cooperate with the government, the 70 month sentence is substantively reasonable.
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