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: United States v. Garcia-Jimenez, 807 F.3d 1079 (9th Cir. 2015), provides a nice summary of the sources to look to in establishing the federal generic definition of a crime for purposes of the categorical approach. Garcia-Jimenez and United States v. Dixon, 805 F.3d 1193 (9th Cir. 2015), also nicely illustrate the sort of […]

BLOG BULLETS: A recent Ninth Circuit case recognizes generic definitions of aggravated assault and attempt and finds the New Jersey statutes at issue there don’t come within those definitions. Another recent Ninth Circuit case recognizes that California robbery doesn’t satisfy the “force” clause of the Armed Career Criminal Act and so doesn’t qualify as a […]

BLOG BULLETS: Effective August 1, the career offender “crime of violence” definition has been amended to eliminate the residual clause, though some specific residual clause offenses are being specifically included in the guideline. The amendment also eliminates burglary of a dwelling from the guideline. California robbery, which is overbroad because it includes takings by threats […]

BLOG BULLETS: Prior inconsistent statements are always admissible to impeach a witness, so long as they’re in fact inconsistent. Prior inconsistent statements are admissible for their truth only if given under oath at a trial, hearing, or other proceeding. A prior statement may be “inconsistent” without being directly contradictory; the somewhat ambiguous test is whether […]

BLOG BULLETS: Effective December of last year, the rule of evidence governing prior consistent statements was broadened. The rule now allows prior consistent statements not just to rebut a charge of fabrication based on improper influence or motive but also to rehabilitate the witness when his or her credibility is attacked on any other ground. […]

BLOG BULLETS: A bill has been introduced in Congress that would prohibit BOP from monitoring attorney-client e-mails on the Corrlinks or Trulincs system. One of the bill’s sponsors is quoted in a New York Times article as expressing skepticism about BOP claims that it can’t separate out attorney-client e-mails, and the article reports an explanation […]

BLOG BULLETS: The wiretap statute allows state wiretaps only when the state official applying for the wiretap is the “principal prosecuting attorney” of the state or a “political subdivision thereof.” Recent Ninth Circuit opinions recognize this requirement and hold it prohibits applications by an assistant district attorney unless the district attorney is absent and has […]

BLOG BULLETS: California’s Prop 47, which reduces simple possession from a felony to a misdemeanor and also allows already sentenced defendants to go back and have their convictions modified, can be used for our federal clients. Among the arguments that can be made are that the prior conviction no longer qualifies as a prior felony […]

BLOG BULLETS: The 2015 Guidelines amendments just took effect on November 1. There’s changes to the theft/fraud guideline that are mostly helpful, including a partial adjustment of the loss table for inflation, changes to the victims and “sophisticated means” adjustments, and modification of the commentary defining “intended loss.” There’s also some helpful changes to the […]