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   Federal Courts - 9th Circuit Court of Appeals - February 22, 2007

  
United States v. Ruiz-Maldonado, No. 06-30318, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: Denial of request to suppress evidence obtained through the use of a telephone wiretap was affirmed because the affidavit that supported the wiretap constituted a full and complete statement of the facts; any omissions were not material and could not have led the judge inappropriately to find necessity for the wiretap order.

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United States v. Serratos-Marentes, No. 06-10601, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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United States v. Shabazz, No. 06-30381, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: Defendant's sentence properly was enhanced two levels under USSG § 2K2.1(b)(4) for "altered or obliterated" serial number on shotgun because layers of thick, black paint completely obscured gun's serial number, making it unobservable to naked eye. That serial number was traceable after police lab scrubbed paint off with acetone was of no moment.

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United States v. Wilson, No. 05-10701, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 22, 2007, Filed
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Overview: District court did not plainly err in allowing second-degree murder charge under 18 U.S.C.S. § 1111 to go to jury. There was sufficient evidence of malice aforethought when defendant deliberately invaded victim's home to take matters into own hands, he hit victim, and he grabbed rifle and fired multiple shots toward fleeing victim and killed him.

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