Case Summaries
Criminal Law & Procedure
[05/16]
US v. Perez
A person on supervised release had a right to cross-examine the laboratory technician who tested a urine sample containing an illegal drug, where: 1) a test report itself stated the sample was "dilute"; 2) the evidence presented showed the person on supervised release did not have an opportunity herself to dilute nor add a substance to the sample; and 3) the result of the urinalysis was critical to support a finding that the person on supervised release had possessed or used illegal drugs. The circuit court emphasizes that it does not hold that a releasee always has a right to cross-examine the technician who tested a urine sample.
[05/16]
U.S. v. Wheeler
A conviction for using, carrying, and possessing a firearm in violation of 18 U.S.C. section 924(c)(1) is affirmed over claims of error regarding: 1) the sufficiency of the evidence to support the conviction; and 2) an instruction to the jury regarding the use of a firearm in relation to the underlying crime.
[05/15]
U.S. v. Igbinosun
A conviction for importing a controlled substance is affirmed over claims of error regarding: 1) whether waiver of a jury trial was knowing and intelligent; 2) a failure of the district court to permit defendant to make a closing argument; and 3) whether the verdicts on a count of possession with intent to distribute and the importation count were inconsistent, or premised on an error of law.
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Sentencing
[05/16]
US v. Perez
A person on supervised release had a right to cross-examine the laboratory technician who tested a urine sample containing an illegal drug, where: 1) a test report itself stated the sample was "dilute"; 2) the evidence presented showed the person on supervised release did not have an opportunity herself to dilute nor add a substance to the sample; and 3) the result of the urinalysis was critical to support a finding that the person on supervised release had possessed or used illegal drugs. The circuit court emphasizes that it does not hold that a releasee always has a right to cross-examine the technician who tested a urine sample.
[05/16]
U.S. v. Wheeler
A conviction for using, carrying, and possessing a firearm in violation of 18 U.S.C. section 924(c)(1) is affirmed over claims of error regarding: 1) the sufficiency of the evidence to support the conviction; and 2) an instruction to the jury regarding the use of a firearm in relation to the underlying crime.
[05/15]
People v. Zarazua
In a criminal case involving an infant killed in a traffic collision while riding in a car with gang members who were fleeing due to gunshots fired from defendants-rival gang members' vehicle, a challenge to an enhancement allegation that defendants' personal and intentional discharge of firearms proximately caused the infant's death is rejected as the evidence was sufficient because the collision that caused the death was a foreseeable consequence of defendants' discharge of the firearms.
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