BLOG BULLETS: Remember the § 5G1.3 guideline rules on running sentences concurrently with already existing sentences for relevant conduct and also reducing the guideline range by the time already served on the existing sentence. Case law has extended this principle to statutory mandatory minimum sentences, so mandatory minimums are also reduced by time already served […]

BLOG BULLETS: A recent concurring opinion by Judge Fisher, along with a district court Judge Pregerson opinion he cites with approval, provides support for a broader application of the rule of completeness. First, the rule of completeness applies to oral statements just as much as it applies to written statements, albeit through a different rule […]

BLOG BULLETS: The government can waive its right to contest standing by making contrary assertions in court proceedings, acquiescing in contrary findings, and/or failing to raise the question in a timely fashion. The “contrary assertions” may be in other proceedings in the case; several Ninth Circuit cases recognize that the government can’t make inconsistent arguments […]

BLOG BULLETS: While case law says a defendant is entitled to an evidentiary hearing on a motion to suppress if he makes a sufficiently definite and detailed offer of proof, the Ninth Circuit has upheld local rules requiring the offer of proof be in a declaration by a witness with personal knowledge. Such rules are […]

BLOG BULLETS: Another district judge has ruled that prior drug possession convictions redesignated as misdemeanors under Prop 47 can’t be used to support an 851 enhancement. The same judge also appears to have treated such a redesignated conviction as a misdemeanor for purposes of the Rule 609 limits on use of prior convictions for impeachment. […]