Friday, December 28, 2012

DC Circuit -- USA v. Ernest Moore

No plain error in trial judge's mis-description of elements of the crime during plea colloquy, as deft did not establish harm from the error to substantial rights.

Deft's dispute as to priors in the PSR was waived at sentencing, despite lack of any strategic reason for him to have done so.

Excision of language from plea agreement granting restitution to all claimants does not mean that deft does not consent to judge ordering restitution to all claimants.

Order of judgement not citing plea agreement as basis for restitution was properly made under authority granted in plea agreement.

Counsel's apparent unfamiliarity with sentencing guidelines insufficient to establish ineffective assistance.

USA v. Ernest Moore
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.