Thursday, December 06, 2012

Eighth Circuit -- United States v. Randeep Mann

Absence of a sitting grand jury in the jurisdiction automatically converts Speedy Trial Act 30 day indictment clock to a 60 day clock.

One set of counts passes Blockberger test, since interstate commerce term is different in the two statutes; another passes, as one statute requires certain property to be in the US; a third does not, as effective date of statute is an affirmative defense, not an element. 

Possessing illegal machine gun is not multiplicitous with not registering (illegal) machine gun.  Circuit split flagged.

Bill of particulars did not constructively amend indictment.

Joinder proper, except for charge relating to grenades purchased seven years before and not used.  No prejudice, though.

Sufficient evidence.

Evidence at trial not variance from indictment.

No error in murder sentencing bump, as the grenade bomb was intended to do precisely that.

Head of the state medical board - an organization not funded by the state - is a state officer for purposes of sentencing bump.

Allegation in PSR insufficient to impose sentencing bump.

Error in imposing sentencing bump for altered serial numbers, as grenades don't have serial numbers.

Concur/Dissent - no proof that the car used was also used in interstate commerce.

United States  v.  Randeep Mann
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

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