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20 Jul, 2008 11:51 am by Steve Kalar
... knew that the card used came from a real person. United States v. Miranda-Lopez, __ F.3d __, 2008 WL 2762392 (9th Cir. July 17 ... sentence). The jury instructions did not require the government to prove that Miranda-Lopez knew that the I.D. actually belonged to another real person. The defense brought several Rule 29 ... law. Nonetheless, the panel remands for reconsideration of the Rule 29 motion, because Miranda-Lopez had finally raised the "knowledge" issue in a brief a week after trial. The panel ...
Ninth Circuit Blog - http://circuit9.blogspot.com
16 Mar, 2007 3:05 am by Steve Kalar
Visiting district judge Louis Pollack, E.D. Pa. (left) authors a troubling Fourth Amendment decision that salvages a bad search with an "accessory after the fact" "argument after the fact" on appeal. United States v. Hosvaldo Lopez, __ F.3d __, No. 05-30347, Slip. Op. 2913 (9th ... the government's crazy theory that there was probable cause for arrest on the theory that the (short) Lopez was the (tall) shooter from earlier in the day. Id. at 2928. The opinion also dances carefully around ...
Ninth Circuit Blog - http://circuit9.blogspot.com
10 Aug 6:01 am
... United States v. Alston, 2009 U.S. Dist. LEXIS 68870 (S.D. W.Va. August 6, 2009).* Defendant's tractor trailer was speeding, ... , thus justifying continued detention. Trooper Stines testified that during the questioning Arango-Lopez appeared extremely nervous and the nervousness did not dissipate once Stines ... route. Based on the totality of the circumstances, Trooper Stines had a reasonable suspicion that Arango-Lopez was involved in criminal activity to detain him beyond the initial stop. We also ...
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
14 Sep, 2008 3:26 pm by Steve Kalar
... prove missing facts and establish "factual underpinnings." Id. Issue(s): "Lopez-Martinez now appeals his conviction . . . attacking the actions of the judge." Id. at *1. ... seriousness of the charges, and kindly explained that "he did not want to see Lopez-Martinez convicted on accusations unsupported by the evidence." Id. From these reassurances, the Ninth Circuit ... http://blog.wired.com/27bstroke6/2007/08/nsa-hearing-ope.html Steven Kalar, Senior Litigator N.D. Cal. FPD. Website at www.ndcalfpd.org ...
Ninth Circuit Blog - http://circuit9.blogspot.com
13 May, 2007 8:23 am
... added up, did not amount to much. United States v. Lopez, 2007 U.S. Dist. LEXIS 34173 (D. Kan. April 30, 2007)*: In this case, unlike the cases ... not enough, even when viewed in totality, to support a finding of reasonable suspicion. Even when considering that Mr. Lopez was from Texas, had a brief stay at the hotel, paid in cash and waited in the parking lot, ... . United States v. Garcia-Robledo, 2007 U.S. Dist. LEXIS 34200 (D. P.R. March 15, 2007): Thus, in view of the above, Garcia-Robledo had a ...
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
26 Oct, 2007 8:31 am by Steve Kalar
... , incorrect) Apprendi law in the Ninth Circuit. See United States v. Salazar-Lopez, __ F.3d __, 2007 WL 3085906 (9th Cir. Oct. 24, ... [Apprendi] objection, a defendant need object only at sentencing.") (emphasis added). Salazar-Lopez creates a huge, and important, circuit conflict - petitions are in the works. How to Use: What is really unfair ... law has - "evolved" - in seven years to accommodate Apprendi, yet avoid reversals. Steven Kalar, Senior Litigator N.D. Cal. FPD. Website at www.ndcalfpd.org
Ninth Circuit Blog - http://circuit9.blogspot.com
5 Mar 8:09 am by Milord A. Keshishian
... "knowingly and intentionally misappropriated and used the names, images, likenesses and photographs of Lopez and Anthony to market and sell Defendants' line of high-end baby carriages throughout ... ' website and other marketing and promotional materials. In addition to the right of publicity claim, Jennifer Lopez makes a Lanham Act § 43(a) trademark infringement claim because she uses "J- ... . The case is titled Jennifer Lopez, et al. v. Silver Cross (UK) Ltd. et al., CV 09-01345 AHM (C.D. Cal. 2009).
Los Angeles Intellectual Property Trademark Attorney Blog - http://www.iptrademarkattorney.com/
13 May, 2007 12:31 pm by Steve Kalar
... to threaten mand-mins, and coerce "fast track" (high-custody) deals. Lopez has put a quick end to that abuse: we're already hearing reports of ... Clifton and Callahan (forcefully) dissented. How to Use: An easily-overlooked (though important) part of Lopez is its critical analysis of "aiding and abetting." See id. at *11-*12. That discussion is ... of penalties for illegal immigrants. See New York Times article here. Steven Kalar, Senior Litigator N.D. Cal. FPD. Website available at www.ndcalfpd.org . ...
Ninth Circuit Blog - http://circuit9.blogspot.com
30 Aug, 2008 3:19 pm by Steve Kalar
... Judge Hall (left), joined by Judges Pregerson and Hawkins. Facts: Becerril-Lopez was convicted of illegal reentry after trial and sentenced to 100 months. Id. ... hinges on the definition of "crime of violence" in the illegal reentry guidelines, § 2L1.2. Becerril-Lopez well-illustrates a particularly tricky area of federal practice: different definitions of the same ... http://usinfo.state.gov/journals/itdhr/1296/ijde/pitts.htm. Steven Kalar, Senior Litigator N.D. Cal. FPD. Website at www.ndcalfpd.org ...
Ninth Circuit Blog - http://circuit9.blogspot.com
8 Mar, 2008 4:31 pm by CAAFlog
... all things military justice (while I cursed the results in the ACC women's basketball tournament today), so of course the topic of Lopez de Victoria arose. That reminded me that I'd heard some scuttlebutt that Army GAD planned to seek reconsideration in Lopez de Victoria, which would likely be a precursor to asking the SG to petition for cert. I believe that yesterday was GAD's deadline for seeking recon in Lopez de Victoria. Does anyone ...
CAAFlog - http://caaflog.blogspot.com/index.html
5 Dec, 2006 6:27 am by Paul M. Rashkind
Lopez v. Gonzales, 126 S. Ct. 2557 (2006). Lopez was convicted in South Dakota for helping someone else possess cocaine, which under South Dakota state law was the same as possessing cocaine, a felony under S.D. law, and sentenced to a five-year term of incarceration. He was released after 15 ... began removal proceedings against him and the I.J., after a remand from the BIA, held that the S.D. conviction was an aggravated felony. The Supreme Court reversed; Justice Souter's opinion for ...
U.S. Supreme Court Blog - http://ussc.blogspot.com
9 Oct, 2004 3:46 pm by Tom Lincoln
In a recently issued Procedural Order in U.S. v. Ramon Perez, Crim. No. 04-86-P-H,(D.Me. October 5, 2004), U.S. District Judge D. Brock Hornby, refused ... States Supreme Court heard oral argument in a case from this District, United States v. Fanfan, 2004 WL 1723114 (D. Me. June 28, 2004), cert. granted, 73 U.S.L.W. 3073, 3074 ... still make all other drug quantity determinations at sentencing. See, e.g., United States v. Lopez-Lopez, 282 F.3d 1, 22 (1st Cir. 2002). In the post-Blakely world, however, ...
Tags: Apprendi
Puerto Rico Association of Criminal Defense Lawyers - http://pracdl.typepad.com/pracdl/
22 Apr 9:31 am
San Diego County Officials have confirmed the death of Lorenzo Gabriel-Lopez-Gonzalez, a passenger in a Vista drunk-driving auto accident this last Saturday night. The driver, Jesus Alonzo, 26, was arrested on suspicion of gross ... had crashed through the guardrail and ended up near the freeway! According to the San Diego County Medical Examiner's Office, Gabriel-Lopez-Gonzalez, 45, was thrown from the car and passed away 45 minutes later. He left behind his wife and their children who reside in ...
San Diego Car Accident Lawyer Blog - http://www.sandiegocaraccidentlawyerblog.com/
6 Sep 8:47 am
... before the USMJ. The government can't have it both ways. The affidavits were admissible as admissions of a party opponent. United States v. Lopez-Ortiz, 2009 U.S. Dist. LEXIS 78364 (D. P.R. August 31, 2009): The government, in its opposition to the R ... warrant to establish probable cause. United States v. Campbell, 2009 U.S. Dist. LEXIS 79363 (E.D. Ky. September 1, 2009)*: The Sixth Circuit has held that "to establish probable cause, the affidavit need not ...
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
17 Feb, 2006 9:48 am by Jacco Bomhoff
... Robin Kundis Craig: "Should there be a constitutional right to a clean an healthy environment?"). In the European context, there is the important Lopez Ostra ruling of the European Court of Human Rights, affirming the inclusion of serious damage to an individual's living ... the Issa case (here) would, however, seem to suggest that this is not unimmaginable. For now, the only clue the Conseil d'Etat may have given as to its view on the human rights dimension of the issue might be gleaned from its ...
ComparativeLawBlog - http://comparativelawblog.blogspot.com
23 Aug 5:48 am
... Gant. United States v. Allison, 2009 U.S. Dist. LEXIS 73808 (S.D. Iowa July 24, 2009): Here, Defendant was handcuffed behind his back, leaning ... removed the gym bag, the law enforcement officers could not have reasonably "believe[d] evidence relevant to the crime of arrest might be found in the vehicle," and therefore the search incident to arrest exception would not apply. Gant, 129 S. Ct. at 1719; see Lopez, 567 F.3d 755 ("There was no reason to think that the vehicle contained evidence of the ...
FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1
1 Mar, 2007 3:39 am by Jon Sands
US v. Lopez, No. 06-10062 (2-27-07). Tough facts for the defense in this case. The police responded to 911 call about the defendant brandishing a gun and driving away in ... difference in sentencing, and so the case was sent back. Congrats to AFPD Mike Powell, D. Nev (Reno) for the win. US v. Sadler, No. 06-10234 (3-1-07). ... . Bottom-line: defendant still loses for late filing of appeal. The 9th (Berzon joined by D. Nelson, and concurred with by Bright) considers the nature of Rule 4(a) and (b). Rule 4 ...
Ninth Circuit Blog - http://circuit9.blogspot.com
25 Sep, 2006 3:16 pm by ACS
In case anyone missed "Dancing with the [D-List] Stars". I have to say that PD Stuff is a great resource, such as this article about how bad lawyering is in Texas. Sure, we have lots of problems here in South Florida. Like the mandatory pretrial shackling of all juveniles accused of crimes. Yes, this means that eight-year-olds who can't even fit in the smalles jumpsuit must have leg shackles and a belly chain. Given that most children down here in custody are minority, it sadly harkens back to ...
Defending Those People - http://indigentaccused.blogspot.com
12 Mar, 2007 11:46 am
... people get footnote-happy when they write opinions. Like Judge Pollack, sitting by designation from the Eastern District of Pennsylvania, does here. Hosvoldo Lopez helps to get a car that had been used in an assault out of a parking lot at a Fred Meyers store, and the issue is ... vehicle that was formerly a best seller in the U.S. but lost that status to the Toyota Camry in 1997? Or, in that same paragraph, that a Ford Focus is a vehicle in which you'd rather be caught dead. Just the facts, sir.
California Appellate Report - http://calapp.blogspot.com/index.html
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