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Case Summaries

Asset Forfeiture

[03/08] US v. Brummer
In defendant's appeal from the district court's order that he forfeit two firearms and six rounds of ammunition pursuant to his conviction of knowingly and willfully failing to declare firearms to a common carrier, the order is affirmed where the indictment charging defendant with violating 18 U.S.C. section 922(e) included a notice of forfeiture, and thus the district court therefore was required to order forfeiture of the property.

[03/02] US v. Cheeseman
In a prosecution of defendant for violating 18 U.S.C. section 922(g)(3), which criminalizes possession of firearms and ammunition by an unlawful user or addict of a controlled substance, district court's judgment ordering the forfeiture of over 600 firearms and ammunition is affirmed where: 1) the possession of firearms and ammunition is sufficient for a district court to find that the property was "involved in" a section 922(g)(3) offense; and 2) forfeiture did not violate the Excessive Fines Clause as the value of the firearms was at most two times the maximum penalty imposed by the statute.

[02/26] US v. Meux
Following defendant's conviction and sentence of 37 months' imprisonment and order to pay a mandatory restitution of $134,218.52, a magistrate judge's order granting the government's motion for turnover of funds that was held in custody by a US Marshal in an unrelated case is affirmed as the magistrate judge had authority to hold a hearing and to order the turnover of funds to satisfy the lien. Furthermore, record reflects that defendant was provided with essentially the same due process protections he wold have been accorded in garnishment proceedings.

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Criminal Law & Procedure

[03/10] US v. Fisher
Defendant's firearm possession conviction is affirmed where police had probable cause to detain defendant because they were responding to a 911 call late at night, in a high crime area, with every reason to suspect gunplay, and the only vehicle at the scene looked as if it was about to depart.

[03/09] US v. York
Defendant's conviction and sentence for arson and carrying a destructive device are affirmed where: 1) there was sufficient evidence that the fire at issue was intentionally set; 2) the district court did not abuse its discretion by denying defendant's motion for a mistrial, because defendant failed to show that he was prejudiced by a jury note requesting to hear again defendant's confession; and 3) evidence that defendant had harmed his girlfriend went to issues other than defendant's character because it explained that she withheld information from the police due to her fear of defendant's threats.

[03/09] US v. Banegas
Defendant's drug conspiracy conviction is reversed where the trial court failed to state particularized reasons for requiring defendant to be shackled while defending himself pro se.

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