This Tenth Circuit bank fraud ruling in US v. Marvin Iverson helps clarify the general trend in the circuit to treat banking documents and FDIC certificates as exemptable hearsay. In this case, the court found that a number of the hearsay exceptions allowed a key piece of evidence into the body of evidence.
Recently in Criminal Law Category
Remember the Atkins diet? One of the low carb diet's most outspoken and enterprising exponents was Dr. Mary C. Vernon of Kansas -- and now she's headed to prison. The Tenth Circuit just upheld her criminal conviction for tax evasion and greenlit the penalty of $311,000.
Now Vernon is headed to prison for three years and five months. It's a fate worse than carbs.
Meri, Janelle, Christine, and Robyn Brown, along with the shared husband Kody, were just simple people going about their own business (and starring in the reality show 'Sister Wives') when they came under investigation for polygamy. The Browns weren't charged with a crime, but they challenged Utah's longstanding polygamy ban nonetheless -- and they won.
Now, the Sister Wives are taking their pro-polygamy campaign to the Tenth Circuit, which heard oral arguments over the ban today.
Michael Morgan, an Oklahoma attorney and former leader of the Oklahoma Senate was sentenced in 2012 to probation arising out of a charge bribery. Since the Tenth Circuit found that the punishment was "grossly at odds" with sentencing guidelines, he will now be resentenced. Basically, the Tenth Circuit determined that the lower court gave the defendant an easy pass.
When Michael Morgan was convicted for bribery, the jury acquitted him of about 60 other criminal counts. Morgan asked for a new trial alleging that the prosecution failed to disclose "tacit agreements" with a witness, insufficiency of evidence and failure to properly instruct the jury. Unfortunately for him, the 3 judge-panel disagreed and found that the jury's conviction of Morgan was based on sufficient factual evidence and further described the trial court's order of Morgan's probation as "little more than a slap on the wrist."
Convicted for child pornography charges, Timothy Vanderwerff wanted to make a plea agreement. The prosecution was on board with the deal. Everything was fine until the trial court decided to use this case to make a point about the evils of plea bargains. And so the court flat-out denied the agreement, emphasizing its distaste for plea bargains in general.
Why did the district court hate plea bargains so much? It offered a few reasons. For example, the court noted that unfortunate circumstance of too many guilty pleas and not enough trials. Also, it cited the Supreme Court case in Lafler v. Cooper, which "suggested that a sentencing court should be a participant in the plea-bargaining process."
People still rob banks? You bet they do -- and they get caught. Police in Tulsa, Oklahoma were confronted with a spate of bank robberies they linked to the Hoover Crips, a franchise of the Crips street gang. They also had reason to believe the appellant in this case, Dejuan Hill, was involved.
A federal grand jury indicted Dejuan on 10 counts, including robbery and conspiracy, for a series of bank robberies that occurred between 2009 and 2011.
Richard Franklin was convicted on federal child pornography charges, including advertisement or notice of child pornography. Franklin was a member of a file-sharing website called GigaTribe, which allowed him to approve other users as "friends," letting them into his "tribe."
Of course, his fellow tribe members wanted child pornography, which he supplied, leading to his conviction. On appeal, he contended that the evidence didn't support a conviction for "advertisement or notice" of pornography. He also claimed that his total sentence -- five consecutive sentences, totaling 100 years -- was unreasonable.
Anthony Washington and Maurice Edwards were both convicted on federal drug possession charges with intent to sell after police found the drugs in the trunk of a rental car Edwards borrowed from his mother.
Trouble is, while it was easy for the jury to tie Edwards to the fourteen bricks of marijuana inside a black duffel bag, Washington's connection wasn't so clear. For that reason, the Tenth Circuit last week reversed Washington's conviction, finding insufficient evidence to tie him to the drugs.
When a Wells Fargo branch was robbed in Aurora, Colorado, police took it seriously, stopping every car at a nearby intersection and holding them at gunpoint while they attempted to locate the pilfered cash. The mass detention of 29 people lasted over two hours and led to two lawsuits; one by fourteen people who were detained and another by the bank robber, who was caught in the stop.
If that's not bizarre enough, consider how the robbery itself. Recently fired violinist and music teacher Christian Paetsch road to the bank on a stolen bicycle, donned a beekeeper's hat and held up the bank while blasting an air horn. When he left, he took $26,000 in cash and a hidden tracking beacon.
He'd returned to his car by the time police placed the street on lockdown. In an appeal from his conviction, he argued that the mass detention was an unreasonable search and seizure.
James White pleaded guilty to violating the Sex Offender Registration and Notification Act (SORNA) after he failed to update his sex offender registration when he moved from Oklahoma to Texas. (He actually moved to Texas, then "drove back to Oklahoma every ninety days to maintain the illusion that he continued to reside there.")
On appeal, he claimed SORNA violated the Commerce Clause, the Tenth Amendment, and the Ex Post Facto Clause. He also brought two sentencing issues. So, is SORNA grossly unconstitutional?