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Daily Case Update Archive
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March
24, 2005
Today's topics: sentencing enhancements, telephone conversation taped
Ohio Supreme Court
| Ohio First District |
U.S. 6th Circuit - Ohio |
U.S. 6th Circuit - Other States
- Ohio Supreme Court
- No opinions.
- First District Court of Appeals
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[Search Other Ohio Districts]
No opinions.
- U.S. Sixth Circuit Court of Appeals: Ohio Cases
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No opinions.
- U.S. Sixth Circuit Court of Appeals: Other States Cases
- United States v. Jackson (March 24, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0146p-06.pdf
Jackson pled guilty to felon in possession of a firearm and the district court
assessed a two-level sentencing enhancement. Jackson appealed the sentencing
enhancement because court's definition of "stolen" was incorrect. Affirmed
court's determination of "stolen" but vacated sentence because, in light of
U.S. v. Booker, the district court's comments about the sentencing guidelines
indicated that he might have given a different sentence, and remanded for
resentencing.
United States v. Moncivais (March 24, 2005) (Appeal from W.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0145p-06.pdf
Moncivais was indicted on charges of conspiracy to distribute cocaine. He
moved to suppress the evidence, and pled guilty when the motions were denied,
reserving his right to appeal. Affirmed conviction, finding that taping of
telephone conversation did not violate 4th amendment or wiretap statutes, and
that the tape was support for probable cause, but vacated sentence because of
enhancement, remanding for resentencing.
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