Three short summary orders today:
First up, United States v. Fiume: In this case, the sentencing court imposed “GPS tracking” as a condition of Mr. Fiume’s supervised release, but never stated that it was also imposing home detention, a “separate and additionally burdensome condition.” Nonetheless, a condition of home detention appeared in Mr. Fiume’s written judgment. The circuit vacated the home detention condition and remanded for the written judgment to be corrected. The circuit otherwise upheld Mr. Fiume’s 10-month prison sentence as reasonable.
Next up, another sentencing case, United States v. Crum. Here, Mr. Crum argued that the sentencing court should not have enhanced his weapon possession sentence on the basis that the weapon had been used in a robbery. The circuit disagreed, finding the enhancement was not clearly erroneous based on a witness’s 911 calls about a gunpoint robbery by two men, one wearing black and one wearing white. Mr. Crum and another man were wearing “similar clothes” when officers found the gun.
Finally, a jury trial for cocaine distribution, United States v. Martinez. But, the summary order doesn’t reveal much. Mr. Martinez argued that the court had improperly limited the defense cross-examination of three different witnesses; the circuit disagreed and affirmed the conviction.