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| United States v. Currency United States $ 38,167.00, No. 04-17457,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: When it was assumed searching officer entered claimant's home for second time after officers had found and treated all victims and had secured home, emergency had passed by time of searching officer's entry; thus, emergency doctrine was inapplicable. Officers could not remain at scene of emergency to investigate criminal activity without warrant.
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| United States v. Descamps, No. 06-30153,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: District court did not clearly err in finding that government had not proven by preponderance of evidence that defendant was competent to stand trial under 18 U.S.C.S. § 4241 when conflicting expert testimony was presented at pretrial competency hearing as to whether he could assist attorney in defense on charge of felon in possession of firearm.
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| United States v. Duarte-Rosas, No. 05-16664,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: A denial of defendant's 28 U.S.C.S. § 2255 motion was reversed where the only evidence of his alleged conspiracy to import heroin from another country in violation of 21 U.S.C.S. § 952(a) was his admission that he had conspired to import heroin "from California and elsewhere," but the meaning of "elsewhere" was never established.
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| United States v. Nunez, No. 05-50833,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: District court did not plainly err in identifying gun as "cocked and ready" and sentencing defendant above statutory minimum on conviction for, inter alia, carrying firearm during drug trafficking crime. With magazine full of bullets, gun could be fired in less than quarter of second although bullet had to be pushed into chamber before firing gun.
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| United States v. Page, No. 05-50687,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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Overview: A district court correctly departed from defendant's offense level based on the government's U.S. Sentencing Guidelines Manual § 5K1.1 motion before imposing the mandatory minimum sentence under 18 U.S.C.S. § 924(c). Therefore, her 120-month sentence for violations of 18 U.S.C.S. §§ 924(c) and 2113 was affirmed.
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| Yang v. Multi-Agency Gang Enforcement Consortium, No. 05-15462,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 20, 2007, Filed
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