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13 Nov 2008, 3:45 pm
Diaz, No. 08-1575 A sentence pursuant to a guilty plea to knowingly possessing methamphetamine with intent to distribute is affirmed where, because the decision to depart by levels is discretionary, the district court's decision to select the higher of two levels that encompassed the mandatory minimum sentence was procedural error.. [read post]
12 Nov 2008, 8:30 am
  So what can possibly be at issue in Melendez-Diaz v. [read post]
16 Oct 2008, 4:05 am
Outside of Philadelphia and the Tampa Bay area, the estimates are that about nine people will watch a Phillies v. [read post]
20 Sep 2008, 11:29 pm
Wynn Oil Co., 653 F.2d 1273, 1276 (9th Cir. 1981) ("stereotypic impressions of male and female roles do not qualify gender as a [bona fide occupational qualification]"); Diaz v. [read post]
5 Aug 2008, 8:15 pm
My strong recommendation is nonetheless that you should not let people buy Ecstacy from you through the admittedly expedient means of sending you a text message.Here's one reason why. [read post]
30 Jun 2008, 11:17 am
In April, the court issued a decision upholding lethal injection in a Kentucky case, Baze v. [read post]
13 May 2008, 10:41 am
Michigan law prof Richard Friedman summarizes the Melendez-Diaz case, and gives links to the particulars: Melendez-Diaz v. [read post]
21 Apr 2008, 11:52 am
Cardona-Diaz, No. 06-2315 In a prosecution for drug-related offenses wherein defendant entered into a plea agreement, appeal of sentence is dismissed where: 1) defendant agreed to a valid waiver of his right to appeal his sentence; and 2) enforcement of the plea agreement did not lead to a miscarriage of justice. [read post]
18 Apr 2008, 11:24 pm
Some agencies require informed consent to get DNA, but it's legal to lie to get DNA samples, DNA in someone's trashcan is fair game, and you don't need probable cause to take a DNA sample under current law, the gathering was told in a seminar titled DNA 101.The legal eagles among you may be interested that the Supreme Court recently granted cert (meaning they agreed to hear the case) in Melendez-Diaz v. [read post]
14 Apr 2008, 11:34 am
Diaz-Ibarra, No. 07-4420 Sentence for being found in the U.S. after having been deported subsequent to a conviction for an aggravated felony is affirmed where the sentencing judge did not err in applying a sentencing enhancement since violation of former Georgia Code Ann. section 16-6-4 categorically constituted "sexual abuse of a minor," which the Sentencing Guidelines define as a "crime of violence. [read post]