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U.S. v. Thompson, No. 07-50351 (12-3-09). The defendant, charged with drug crimes and being a prohibited possessor of a firearm, wanted counsel, did not want counsel, wanted stand-by counsel, and then wanted to represent himself. There were trips to...
Two decisions concerning Fed. R. Crim. P. 11 (changes of plea) and due process. Both arise from Arizona. The first concerns en masse changes of plea in Operation Streamline and the second the extent of explanation necessary in exercising discretion...
U.S. v. Truong, No. 08-10446 (12-1-09). Just in time for the holiday gift-giving season, the 9th holds that stolen retail gift cards can be considered an "access device" under 1029(e)(1) because it gives access to an account. The defendant here stole...
U.S. v. Berger, No. 08-50171 (11-30-09). This is an appeal after a remand for resentencing on securities fraud. There are two interesting issues: (1) calculation of loss; and (2) standard of proof for such loss. The defendant was convicted of...
To have the federal judge presiding over your civil case refer you to the USAO for perjury prosecution is bad news. To get caught planning your escape to the Caymans on the eve of your trial is worse. And then, when a jailhouse snitch accuses of you...