Federal Court
Criminal Opinions
Case Summaries
March 2000
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Directory:
Federal Court: Criminal Opinions
Case Summaries: March
2000
Table of Contents
CRIMINAL LAW
CRIMINAL LAW:USA v. ROSS (3/16/00 - No. 9850071)
Intent to repay is not a defense to misappropriation of postal funds.
Further, indictment alleging that defendant “unlawfully used, embezzled,
hypothecated and converted to her own use, more than $1,000” in postal funds
alleged the requisite criminal intent to place her on proper notice of the
elements of the offense charged and against which she was required to
defend.
To read the full text of this opinion, go to-FindLaw Link:
http://laws.findlaw.com/9th/9850071.html
CRIMINAL LAW: USA v. VILLA-GONZALEZ (3/16/00 - No. 9915515)
Appellant’s motion did not meet statutory standards for filing a second
successive §2255 motion, as he could not show that his motion contained
newly discovered evidence sufficient to establish by clear
and convincing
evidence that no reasonable fact finder would have at least found him liable
for aiding and abetting the distribution of cocaine.
To read the full text of this opinion, go to-FindLaw Link:
http://laws.findlaw.com/9th/9915515.html
CRIMINAL LAW: USA v. GOMEZ-LEPE (3/16/00 - No. 9930031)
Since it was a critical stage in the criminal proceeding, magistrate judge
exceeded his authority by conducting jury poll calling jury’s unanimity into
question without first obtaining defendant’s consent.
To read the full text of this opinion, go to-FindLaw Link:
http://laws.findlaw.com/9th/9930031.html
CRIMINAL LAW: USA v. WETCHIE (3/16/00 - No. 9930152)
District court properly adjusted defendant’s sentence upward using
Sentencing Guideline section 3A1.1(b)(1) after finding the victim of his
abusive sexual conduct was a “vulnerable victim” since she was sleeping at
the time the crime was committed.
To read the full text of this opinion, go to-FindLaw Link:
http://laws.findlaw.com/9th/9930152.html
ENVIRONMENTAL LAW
CIVIL:ENVIRONMENTAL LAW: SEA HAWK v. ALYESKA (3/16/00 - No. 9835807)
Bailiff’s inappropriate ex parte contact with one juror, and another juror’s
account of bailiff’s threats and intimidation, were not irregularities
sufficient to warrant vacating punitive damages award in Exxon Valdez oil
spill litigation, as ex parte contact was not coercive and account of
threats and intimidation did not merit belief.
To read the full text of this opinion, go to:
http://laws.findlaw.com/9th/9835807.html
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