ADVERTISEMENTS

U.S. v. Bohn, No. 09-30397 (9-17-10) (Graber with Paez and Burns, D.J.). The pro se defendant came upon two roads, diverging in a wood (in a national wildlife refuge). The one he took did not make a difference, because he was stopped by a National Parks Ranger for riding a motorcycle without a helmet (and things got nasty, in a CFR way, after that). It did not make a difference because, for CFR purposes, the federal government has the power under the Property Clause to enforce 36 CFR 4.2(b) over roads or lands it has only propriety jurisdiction (the county had transfered property interest in the road to the feds). The government owns the road, but does not have exclusive nor concurrent jurisdiction. Nonetheless, because it owns the roads, it can assimilate state laws, such as requiring a helmet if one rides a motorcycle. The 9th also found there was sufficient evidence.

U.S. v. Moreland, No. 05-30541 (Hug with McKeown and W. Fletcher). On remand from the Supremes, the 9th holds that two money-laundering counts must be reversed. He was convicted on numerous fraud counts for a pyramid/Ponzi scheme. Two counts though were money laundering for plowing some profits back into the scheme. The Supremes in Santos held this was not money-laundering, and the 9th on remand agrees in this instance. The 9th remands for resentencing. The 9th, in regards to other issues, upholds the restitution order, and finds that his Faretta pro se representation was proper.

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