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Illegal Reentry Law
 
STATE OF IOWA vs. MICHAEL CORY KELSO-CHRISTY

In April 2015, Michael Kelso-Christy created a fake Facebook profile of a man, S.P., who had attended his high school. Posing as S.P., KelsoChristy began to send Facebook messages to women who also attended school with S.P. The messages informed women that S.P.’s profile had been hacked and that he had created a new one. Then, Kelso-Christy would attempt to solicit nude photographs or propositi... More...   $0 (05-05-2018 - IA)

UNITED STATES OF AMERICA v. JOSE LUIS LOPEZ-PASTRANA United States Court of Appeals For the First Circuit

Lopez-Pastrana was charged in a four-count indictment
with two drug crimes and two weapons crimes. He entered into a
plea agreement in which he agreed to plead guilty to Count III,
possession with intent to distribute marijuana, and Count IV,
possession of a firearm in furtherance of a drug trafficking crime,
in exchange for dismissal of the remaining two counts. The ple... More...
   $0 (05-05-2018 - MA)

State of Vermont v. William Schenk

Defendant William Schenk was charged with two counts of
disorderly conduct, in violation of 13 V.S.A. § 1026(a)(1), in connection with the distribution of
Ku Klux Klan recruitment flyers in the City of Burlington. For each count, the State charged that
the penalty should be enhanced under 13 V.S.A. § 1455 because the crime was hate-motivated.
Defendant appeals the trial cou... More...
   $0 (05-05-2018 - VT)

United States of America v. Bobby Dwayne Fillmore Western District of Texas Federal Courthouse - San Antonio, Texas

Bobby Dwayne Fillmore pled guilty to conspiracy to maintain a chop shop in the Dallas, Texas, area. The district court issued a within-Guidelines sentence of 51 months based partly on a two-level enhancement for being “in the business” of receiving and selling stolen property. We conclude Fillmore was not “in the business,” and thus we VACATE in part and REMAND for re-sentencing. As to other rulin... More...   $0 (05-05-2018 - TX)

TIMOTHY EUGENE BURNETT v. STATE OF FLORIDA

Appellant, Timothy Eugene Burnett, appeals his judgments and sentences in two
cases, contending that the trial court erred in denying his dispositive motions to suppress
2
a firearm discovered during a Terry1 stop and frisk. We agree and reverse, concluding
that the officer did not have reasonable suspicion of illegal activity to justify a Terry stop.
The Terry Stop and... More...
   $0 (05-04-2018 - FL)

DENNIS L. HART v. STATE OF FLORIDA

The issue in this case is whether a 30-year prison sentence for a nonhomicide offense committed when appellant was a juvenile violates the Eighth Amendment or Graham v. Florida, 560 U.S. 48 (2010). Because we cannot conclude that the sentence violates the United States Constitution, we affirm.

In 1997, appellant entered an open plea to the following offenses committed when he was 16 y... More...
   $0 (05-04-2018 - FL)

Diviel Poma vs. The State of Florida

Diviel Poma, the defendant, appeals the trial court’s denial of the
defendant’s 3.800(a) motion to correct illegal sentence. The defendant argues
several points, one of which was the failure of the trial court to have the defendant
present for resentencing after it vacated two of the five counts upon which the
defendant had been previously sentenced. The trial court determined ... More...
   $0 (05-04-2018 - FL)

Dennis Gilman vs. The State of Florida

Upon consideration of the State’s motion for rehearing, we grant rehearing,
withdraw our previous opinion and substitute the following in its place.
Dennis Gilman appeals an order denying his Florida Rule of Criminal
Procedure 3.800(a) motion to correct an illegal sentence. Because Gilman did not
affirmatively demonstrate entitlement to relief on the face of the record, we affi... More...
   $0 (05-04-2018 - FL)

Barry Edward Ellis vs State of Florida

In this direct criminal appeal, Ellis claims that the trial court erred in denying his motion for judgment of acquittal on the charge of aggravated fleeing or attempting to elude “a law enforcement officer in an authorized law enforcement vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated” pursuant to section 316.19... More...   $0 (05-04-2018 - FL)

LUIS TORRES JIMENEZ vs. STATE OF FLORIDA

The City entered into a contract with American Traffic Solutions, Inc. (“the
Vendor”) to service the City’s red light camera enforcement program. Jimenez,
211 So. 3d at 159. The contract states in pertinent part:
Vendor shall act as City’s agent for the limited purpose of making an initial determination of whether the recorded images should be forwarded to an Authorized Employee t... More...
   $0 (05-04-2018 - FL)

United States of America v. Anthony Foye Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

Norfolk, VA - Nine Trey Gangster Sentenced to Life for Four Murders

A member of the Nine Trey Gangsters was sentenced on May 2, 2018 to life in prison for his role in four murders and several additional non-fatal shootings.

According to court documents, Anthony Foye, 26, of Suffolk, is a member of the Nine Trey Gangsters, a street gang with members in states across the East Coast... More...
   $0 (05-04-2018 - VA)

ROBERT LEE PATE JR. vs. STATE OF IOWA COURT OF APPEALS OF IOWA

Des Moines police officers obtained a search warrant based on information
provided by a confidential informant. They executed the warrant on an apartment
and found Pate and a woman inside with eighty-one grams of crack cocaine, as
well as cocaine salt, marijuana, and a large amount of cash.
The State filed criminal complaints against Pate but dismissed them without
pre... More...
   $0 (05-03-2018 - IA)

United States of America v. Terrance Nathaniel Brown, aka War; Clifford Alexander Jennings, aka Big Cliff; Ronnie Monroe Nicholas Jr., aka RG; Michael Jamal Jones, aka M. Stone; and Jermaine Shiquill Epps, aka Money Western District of Virginia Federal Courthouse - Roanoke, Virginia

Roanoke, VA - Five Gang Members Who Smuggled Drugs into Virginia Prisons Sentenced to Prison

Five members of the Mad Stone Bloods (MSB) gang were sentenced this week in the U.S. District Court for the Western District of Virginia in Roanoke for their roles in a criminal conspiracy that involved the smuggling of drugs and other contraband into Virginia prisons, and the facilitation of the ... More...
   $0 (05-03-2018 - VA)

MELCHIZEDEK SHABAZZ V. STATE OF ARKANSAS

On the morning of May 23, 2016, Howard County Deputy Sheriff Joey Davis stopped
Shabazz’s vehicle for speeding. Deputy Davis smelled the odor of “green” marijuana and saw
several small pieces of a green, leafy substance—possibly marijuana—on the console. Shabazz
admitted to Deputy Davis that he smoked marijuana earlier that morning and that there was
some marijuana in the car. H... More...
   $0 (05-03-2018 - AR)

STATE OF MONTANA v. WILLARD DEAN YOUPEE

In 1978, Youpee was convicted of murder in federal court and sentenced to life in
federal prison. In 2009, while on federal parole, Youpee committed the offense of
Robbery, a felony, in violation of § 45-5-401, MCA. In 2010, the District Courtsentenced
him toa fifteen-yearcommitment to theMontanaDepartment of Corrections with tenyears
suspended and 163 days of credit for time ... More...
   $0 (05-02-2018 - MT)

UNITED STATES OF AMERICA v. WAYNE A.G. JAMES

In October of 2015, a grand jury returned a three-count indictment charging former Virgin Islands Senator Wayne James with two counts of wire fraud under 18 U.S.C. § 1343,1 and one count of federal programs embezzlement under 18 U.S.C. § 666(a)(1)(A).2 These charges stemmed from

1 18 U.S.C. § 1343 provides in part:

“Whoever, hav... More...
   $0 (05-01-2018 - VI)

STATE OF OHIO -vs- JEREZ S. MAYWEATHER

On February 23, 2017, the Licking County Grand Jury indicted appellant on
three counts of trafficking in heroin in violation of R.C. 2925.03(A)(1)(C)(6)(a), felonies of
the fifth degree. At his arraignment on May 30, 2017, appellant entered a plea of not
guilty to the charges.
{¶3} A jury trial commenced on October 18, 2017. The following testimony was
adduced at trial.... More...
   $0 (04-30-2018 - OH)

STATE OF OHIO v. ALEXUS E. WALTON

On November 24, 2016, Walton’s boyfriend, MarQuevous Watkins
(“Watkins”) asked her to give him, Zachariah Huddleston (“Huddleston”), T.F., and
J.L. a ride to Jeffrey Brentlinger’s (“Brentlinger”) house. Walton agreed to drive
these four passengers after she was offered forty dollars in gas money. Walton was
aware that T.F. and J.L. were going to Brentlinger’s house to perform... More...
   $0 (04-30-2018 - OH)

Ex Parte: Lorenzo Garcia

In 2010, Garcia waived his right to a jury trial and entered a negotiated plea of guilty to
two counts of aggravated assault with a deadly weapon. The trial court found the evidence
substantiating a finding of guilt, but it placed Garcia on deferred adjudication community
supervision for four years. In 2014, Garcia filed an application for writ of habeas corpus based
on alleg... More...
   $0 (04-30-2018 - TX)

D'Arquez Quajon Tennon v. The State of Texas

In July 2016, a Hopkins County grand jury returned an indictment against Tennon charging
him with the offense of manslaughter. The indictment stated,
D[’]ARQUEZ TENNON, hereinafter styled defendant, on or about the 5th day of June, 2016, and before the presentment of this indictment, in said County and State, did then and there recklessly cause the death of an individual, namely, Enriqu... More...
   $0 (04-29-2018 - TX)

STATE OF KANSAS v. ANGEL RODRIGUEZ COURT OF APPEALS OF THE STATE OF KANSAS

Angel Rodriguez argues that his sentence is illegal because the district court erred when it classified his prior New Jersey conviction for "assault with intent to rape" under N.J. Stat. Ann. § 2A:90-2 as a person felony for criminal history purposes. He further argues that the State breached its plea agreement with him during sentencing. For reasons set out below, both of Rodriguez' arguments ar... More...   $0 (04-28-2018 - KS)

STATE OF KANSAS v. SCOTT ROBERT BOLLIG

We begin with an introduction of the people involved in or affected by the criminal conspiracy and an outline of the circumstances that drew them together. Bollig, a bank officer, became acquainted with Naomi Abbott in late 2012, while she was married to Rahn Abbott. As her acquaintance with Bollig took an intimate turn, Naomi and Rahn were divorcing. After the divorce, Bollig and Naomi continued ... More...   $0 (04-28-2018 - KS)

STATE OF KANSAS v. MARCUS G. BUTLER

Shortly after 7 p.m. on January 9, 2013, Kevin Smith returned home from work to the apartment he shared with his fiancée, Demetria Hunter, in Wyandotte County. When Smith arrived, he discovered a vehicle parked in his spot. Hunter and Smith's neighbors had a history of parking in their stalls and making loud noises. Smith saw a white male— later identified as Clint Schierbaum—exiting the neighbori... More...   $0 (04-28-2018 - KS)

STATE OF MONTANA v. PHILIP RAE GRIBBLE

Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Philip Gribble ... More...
   $0 (04-28-2018 - MT)

STATE OF MONTANA v. DAVID MICHAEL ZIMMERMAN

At approximately 10:00 p.m. on June 16, 2015, while traveling northbound on North
Montana Avenue in Helena, Montana, Highway Patrol Trooper Jeremy Lee (“Lee”)
clocked Zimmerman traveling southbound at 60 miles-per-hour where the speed limit
changes from 50 to 35 miles per hour. Lee made a U-turn and stopped Zimmerman for
speeding. Once Lee observed several indicators of intox... More...
   $0 (04-28-2018 - MT)

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