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| United States v. Lucero, No. 05-30176,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Where district court's drug quantity finding did not increase statutory maximum under 21 U.S.C.S. § 841(b), drug quantity finding did not need to be made by a jury. Because defendant did not renew his motion to dismiss for improper venue at close of U.S.'s case, appellate court did not need to consider sufficiency of evidence of venue in Montana.
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| United States v. Rutherford, No. 04-10603,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Defendants' Sixth Amendment right to a trial by fair and impartial jurors was not violated when they were convicted of income tax crimes because the testimony of jurors that they did not notice IRS agents staring at them during trial and that any discussion of IRS retaliation was merely a joke showed the staring was harmless.
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| United States v. Serna, No. 04-10597,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: Where nothing in Cal. Penal Code § 12280 required proof that defendant's possession occurred in a context prone to violence, and court had not other information about defendant's particular crime, defendant's possession of an assault weapon was not a "crime of violence" for purposes of U.S. Sentencing Guidelines Manual § 4B1.2(a).
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| Young v. Runnels, No. 03-16859,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2006, Filed
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Overview: District court properly denied California inmate's 28 U.S.C.S. § 2254 habeas petition because U.S. Const. amend. VI ineffective assistance claim was properly resolved under Strickland rather than Cronic; trial counsel's pending disciplinary proceedings did not invite per se rule of ineffective assistance, and petitioner failed to show prejudice.
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