Friday, September 23, 2011

First Circuit -- US v. Mitrano

Jury could reasonably have believed that attorney deft willfully avoided challenged, out-of-state child support order. 

On federal sufficiency of the evidence review, state guidelines and caselaw holding that income, not assets, are to be considered is not relevant, as nonpayment of any part of the obligation is sufficient.

No error in willful blindness instruction, despite deft stipulating as to knowledge.

No plain error in calculating sentence based on total arrearage.

US v. Mitrano
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.