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No standing in a car rented by another driven by defendant

15 Feb 2007, 4:10 am

Jones, 44 F.3d 871 (citing United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

Second Circuit Declines To Apply California Securities Law In Auction Rate Securities Case

23 Aug 2012, 2:00 am by Keith Paul Bishop

Anschutz Corp. v. [read post]

California Corporate & Securities Law - http://www.calcorporatelaw.com/

The Second Circuit holds that, despite the erroneous jury instructions defining the “crime of violence” required for a § 924(c) conviction — allowing the jury to convict the Petitioners based on predicate offenses that didn’t necessarily require the actual or threatened use of force — the Petitioners failed to show that the instructional errors “resulted in prejudice that would entitle them to the relief they [sought] under 28 U.S.C. § 2255.” Nardino Colotti, et al. v. United States, Nos. 21-932(L), 21-937(CON), 21-950(CON), 21-992(CON), 21-1548(CON), __ F.4th ____ (2d Cir. June 21, 2023) (C.J.J.’s Leval, Parker, Menashi).

26 Jun 2023, 11:37 am by Darrell Fields

United States, Nos. 21-932(L), 21-937(CON), 21-950(CON), 21-992(CON), 21-1548(CON), __ F.4th ____ (2d Cir. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).

24 Apr 2023, 2:08 pm by Darrell Fields

United States v. [read post]

Federal Defenders of New York Blog - http://blog.federaldefendersny.org/

WildEarth Guardians v. US Forest Service

28 Jul 2009, 10:01 am

Dep't of the Interior, 100 F.3d 837, 839 (10th Cir. 1996) (Coalition). [read post]

Environmental - Appeals Court - http://environmentalappealscourt.blogspot.com/

Lutman v Lutman, 2010 WL 3398985 (M.D.Pa.) [Israel] [Well Settled in New Environment]

3 Jan 2012, 1:29 pm by Joel R. Brandes

" Feder v. [read post]

A Child is Missing - http://joelbrandes.blogspot.com/

FISA civil claim remanded for determination of whether there is a FISA exemption to state secrets exception

19 Nov 2007, 5:48 am

Dep’t of Interior, 896 F.2d 422, 424 (9th Cir. 1990) (observing that the wisest course is to allow district court to consider issue first). [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

D.Minn.: Nexus does not need to involve the defendant; it is directed at the place to be searched

22 Oct 2009, 5:54 am

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

W.D.Va.: Defendant who has pled guilty and awaiting sentencing may have a warrantless search condition imposed for release

22 Nov 2008, 1:54 pm

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

[Eugene Volokh] The First Amendment, the right of publicity, video games and the Supreme Court

4 Jan 2016, 12:30 pm by Eugene Volokh

Comics, 69 P.3d 473 (Cal. 2003), which states you are free to do so. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Michael A. Hawkins is the plaintiff in this case

27 May 2014, 3:07 pm

Judge Karen V. [read post]

Truck Accident Lawyer Blog - http://www.truckaccidentlawyer24-7blog.com/

Child Pornography, "Dirty Little Mermaid" and Lifetime Electronic Monitoring

12 Sep 2014, 5:55 am

State v. [read post]

CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com/

Hypothetical gun is not exigent circumstance

21 Dec 2008, 3:19 pm

United States v. [read post]

FourthAmendment.com - http://fourthamendment.com/blog/index.php?blog=1

E.D.N.C. Follows 5th, 7th & 11th Circuits in Holding Plaintiffs Challenging CAFA Removal Bear Burden of Proving CAFA's Local Controversy Exception

12 Jan 2007, 6:16 am

Inc., 457 F.3d 675, 676 (7th Cir.2006) ("[T]he party seeking to take advantage of the home-state or local exception to CAFA jurisdiction has the burden of showing it applies. [read post]

Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com/

"Ceded Lands" Case Round-Up

19 Feb 2009, 1:47 am

As the Supreme Court oral argument in the "ceded lands" case, Hawaii v. [read post]

inversecondemnation.com - http://www.inversecondemnation.com/inversecondemnation/

Fifth Circuit Says No Do-Overs in Oil and Gas Tax Dispute

13 Jun 2022, 9:22 am by Joshua Smeltzer

United States, 908 F.3d 710, 715 (Fed. [read post]

Texas Tax Talk - http://www.texastaxtalk.com/

The First Amendment Protects the Marketing Term “Vegan Butter”–Miyoko’s v. Ross

30 Aug 2020, 10:15 am by Eric Goldman

” The state didn’t introduce any empirical studies. [read post]