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9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
25 Apr 2015, 11:03 am
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
18 Jul 2008, 8:34 am
: (The IP ADR Blog), ACTA plans do not include iPod frisking: (Out-Law), Europe may put ACTA back on faster track: (Intellectual Property Watch), USTR posts ACTA submissions: (Michael Geist), (Vol 1 - IP Justice), (Vol 2 – IP Justice), (Vol 3 – IP Justice), (Vol 4 – IP Justice), G8 on IP: (IPKat), IP: A means to an access and benefit-sharing end? [read post]
21 Jun 2018, 10:17 am
The Court’s Rejection of the Physical Presence Rule in Quill Justice Kennedy delivered the opinion of the court; writing for a majority that included Justices Thomas, Ginsburg, Alito, and Gorsuch.[8] Chief Justice Roberts filed a dissenting opinion in which Justices Breyer, Sotomayor, and Kagan joined. [read post]
24 Sep 2007, 12:22 pm
Fred Berlin of the Johns Hopkins University Sex Disorders Clinic in Baltimore estimates that such crimes account for less than 1/10th of 1% of all sex offenses in America. [read post]
20 Apr 2011, 1:00 pm
The treaties represent part of a concerted effort by the Department of State and the Department of Justice to develop modern extradition relationships in order to enhance the United States ability to prosecute serious offenders including, especially, narcotics traffickers. [read post]
31 May 2024, 6:47 am
Pix credit hereChinese President and First Secretary of the Chinese Communist Party Xi Jinping delivered remarks at the opening of the China-Arab States Cooperation Forum in Beijing. 习近平, 深化合作，继往开来 推动中阿命运共同体建设跑出加速度 [Xi Jinping, "Deepen cooperation, carry forward the past and forge ahead… [read post]
2 Oct 2019, 12:12 pm
Brand X also determined that DNS and caching were “inextricably intertwined” with high speed bit transmission that the FCC could reasonably conclude that Internet Service Providers did not offer a telecommunications service on a standalone basis, a conclusion reached by Justice Scalia in dissent. [6] The court also rejected the view that these two functions fit within an exception to the normal application… [read post]
2 Sep 2015, 4:02 pm
Court of Appeals for the 3d Circuit 1969) (`In weighing motions for withdrawal of a guilty plea before sentencing, the test to be applied by the trial courts is fairness and justice’). [read post]
2 Oct 2019, 12:12 pm
Brand X also determined that DNS and caching were “inextricably intertwined” with high speed bit transmission that the FCC could reasonably conclude that Internet Service Providers did not offer a telecommunications service on a standalone basis, a conclusion reached by Justice Scalia in dissent. [6] The court also rejected the view that these two functions fit within an exception to the normal application… [read post]
8 May 2020, 3:21 pm
Chalk & Vermilion Fine Arts, Inc., 514 F.3d 1063, 1071 (10th Cir. 2008)). [read post]
18 Sep 2017, 1:36 am
Whichever argument reads more convincingly prevails.Peter Meier-Beck (Presiding Judge, 10th [Patent] Senate, Federal Court of Justice, Germany) emphasized that a retrospective view cannot be avoided, but one should strive to avoid being biased. [read post]
30 Jan 2020, 1:06 pm
This post offers concluding thoughts about the Ackies tracking device case, which I have written about here, here, and here. [read post]
26 Oct 2016, 5:53 am
According to the criminal complaint, a Wisconsin Department of Justice analyst concluded most of the images were viewed in November and December 2009 and March 2011. [read post]
26 Nov 2015, 6:19 am
In late August PRS for Music wrote to it's members saying it is beginning legal action against online music streaming platform SoundCloud after "five years of unsuccessful negotiations".On Tuesday 10th November it was the turn of London to be at the centre of this ongoing debate - with a panel and debate at the University of Westminster organised by Music Tank. [read post]
10 Mar 2020, 7:52 pm
Ackerman involved another defendant who, like the defendant in Stevenson, allegedly sent CSAM using his AOL email account, triggering AOL’s filters and thus a report to NCMEC. 831 F.3d 1292, 1294 (10th Cir. 2016). [read post]
16 Oct 2017, 4:42 am
On October 10th of last year, in Wilkes-Barre, Pennsylvania, at one of the most massive rallies of the campaign, Trump accused CNN of shutting down the feed because he was criticizing their debate coverage. [read post]
26 Sep 2014, 5:14 am
Nichlos] . . . of two specifications of knowingly possessing child pornography in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. [read post]
18 May 2024, 11:49 am
We will continue to build our complaints mechanisms to better address how business activitiesimpact human rights, supporting affected individuals and communities in seeking justice. [read post]
10 Sep 2009, 7:58 am
Guest BloggerSrinivasan VenkataramanIf you are one of those that believe the media reports you may have come to the following conclusions, that Jaswant Singh's new book ‘Jinnah-Partition-Indian Independence' is a book about Jinnah, and that it eulogizes him in contrast to Patel and Nehru, that it treats him as an ‘Ambassador' of ‘Hindu-Muslim… [read post]
