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Case Summaries

Evidence

[03/12] US v. McMillan
Defendant's wire and mail fraud convictions and sentences are affirmed where: 1) the superseding indictment did not broaden the charges against the defendants; 2) Cleveland's requirement that the object of the fraud be actual money or property in the hands of the victim was satisfied; 3) the district court gave an immediate curative instruction, in response to objections during the prosecutor's closing remarks, that the government bore the burden of proof and the defendants need not testify or prove anything; and 4) the district court did not clearly err by finding that defendants' business would have suffered catastrophic losses had it been closed rather then permitted to continue in operation and that the amount of loss attributable solely to the defendants could not be reasonably calculated.

[03/11] Granfield v. CSX Transp., Inc.
In plaintiff's action against his employer in violations of the Federal Employer's Liability Act and the Locomotive Inspection Ac, claiming that he developed "tennis elbow" as a result of having to manipulate defective controls in the cabin of his locomotive, judgment in favor of plaintiff is affirmed where: 1) a reasonable jury could have concluded that plaintiff's claim was not time barred, had defendant chosen to contest this showing by asking the jury instruction and arguing the matter to the jury; 2) the district court did not abuse its discretion in admitting a doctor as an expert on the issue of causation; 3) brief statements by a witness as to the contents of a letter was harmless error; and 4) plaintiff's counsel's statements in closing arguments were adequately dealt with by the district judge's instructions and no plain error occurred.

[03/11] US v. Mejia
Defendant's conviction and sentence for conspiring to distribute cocaine and possession of a firearm in furtherance of a drug crime are affirmed where: 1) district court did not err in denying defendant's motion to suppress his incriminating statements; 2) defendant's evidentiary claims are rejected as there was no abuse of discretion in admitting any of the evidence; and 3) district court did not abuse its discretion in denying defendant's motion for a new trial.

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Criminal Law & Procedure

[03/12] US v. McMillan
Defendant's wire and mail fraud convictions and sentences are affirmed where: 1) the superseding indictment did not broaden the charges against the defendants; 2) Cleveland's requirement that the object of the fraud be actual money or property in the hands of the victim was satisfied; 3) the district court gave an immediate curative instruction, in response to objections during the prosecutor's closing remarks, that the government bore the burden of proof and the defendants need not testify or prove anything; and 4) the district court did not clearly err by finding that defendants' business would have suffered catastrophic losses had it been closed rather then permitted to continue in operation and that the amount of loss attributable solely to the defendants could not be reasonably calculated.

[03/12] US v. Jackson
Conviction of defendant for being a felon in possession of a firearm and sentence to 120 months' imprisonment are affirmed where: 1) the officer had a reasonable basis for believing that defendant's mother had the authority to consent to the search of his computer and the computer case; 2) district court properly concluded that the officer did not exceed the scope of the mother's consent; 3) the district court did not err in denying defendant's request to raise an "innocent possession" defense; and 4) district court appropriately rejected defendant's section 5K2.11 argument and imposed a sentence that was reasonable.

[03/12] US v. Sykes
Conviction of defendant for being a felon in possession of a firearm and an enhanced sentence under the Armed Career Criminla Act (ACCA) are affirmed as fleeing from police in a vehicle in violation of Ind. Code section 35-44-3-3(b)(1)(A) is sufficiently similar to ACCA's enumerated crimes in kind, as well as the degree of risk posed, and counts as a violent felony under the ACCA.

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