Home / Opinion Digests / Criminal Law (page 50)

Criminal Law

Diagnosis not required for sexually dangerous person designation (access required)

Defendant was properly designated as a sexually dangerous person despite not being diagnosed with a paraphilic disorder because his diagnosis of a mixed personality disorder and an alcohol use disorder satisfied the statute’s mental illness requirement and the government sufficiently ...

Read More »

Annual insanity review statute constitutional (access required)

The statute providing for annual review of a defendant’s involuntary confinement after being found not guilty by reason of insanity satisfies due process under Foucha v. Louisiana, 504 U.S. 71 (1992). The statute requires both a showing of mental illness ...

Read More »

Physician convicted of drug conspiracy charges (access required)

Through expert testimony, documentary evidence and testimony from the physician’s own employees, the government established a physician prescribed controlled substances without a legitimate medical purpose. The court denied the physician’s motions for acquittal and a new trial. Background A jury ...

Read More »

Application of enhancement did not change the sentence imposed (access required)

Any error resulting from the district court’s application of a sentencing enhancement for career offenders was harmless because, even if the enhancement was not applied, the court would have imposed the same sentence and that sentence would have been reasonable. ...

Read More »

Prior conviction did not support armed career criminal designation (access required)

Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...

Read More »

Sentence hiked for knowledge of likely unlawful use of guns (access required)

Where a pawn shop employee had reason to believe the fellow gang member he gave several guns would use the firearms unlawfully, sentence enhancement of his convictions for firearm trafficking was appropriate. Background Appellant William Devon Evans was an employee ...

Read More »