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22 Jun 2012, 9:48 am
Rather, SR should be taken as a whole, and can be revoked for various acts when discovered.Congratulations to AFPD John Rhodes of the Montana FPD (Missoula). [read post]
14 Oct 2011, 8:30 am
The 9th found error because relevant conduct cannot be used to pick out a guideline; rather, the guideline has to be most applicable, and here it would be 2B1.1, which has enhancements for risk.Congratulations to AFPD Eric Kersten of the FPD Office, Eastern District of California (Fresno).U.S. v. [read post]
14 Feb 2011, 5:43 am
The asset freeze also cost him go-to lawyer, Norman Moscowitz (always on my speed-dial), but luckily for Lauer the Court qualified him as indigent and appointed an FPD team ably led by Chief Assistant Michael Caruso.Lauer, now living in NYC, is trying to get the government to pay for his housing during the expected two-to-three month trial in Miami slated to begin at the end of the month or else transfer venue to SDNY. [read post]
6 May 2008, 7:12 am
O'Scannlain dissented, arguing that the state supreme court's application of Jackson and federal law was reasonable, and that the evidence had to be viewed in the light most favorable to the state, and here there was circumstantial evidence, and some weight should be given to DNA.Congratulations to Paul Turner and Franny Forsman of the Nevada FPD Office (Las Vegas).U.S. v. [read post]
17 Dec 2007, 3:21 am
As for drinking alcohol, there was no indication of any drinking or drug problem, the offense did not involve alcohol, and the condition seemed to be imposed because the defendant declined to talk about any drug usage to the probation officer per FPD sentencing policy. [read post]
19 Jan 2011, 8:05 am
This is an Apprendi fact enhancement.Congratulations to Davina Chen, AFPD, of the FPD Central District Office (Los Angeles). [read post]
11 Aug 2009, 5:50 am
Still, it seems that the police should have sealed the apartment, as the 9th alludes to, and ask for a warrant based on the information and experience.Congratulations to AFPD Jason Carr of the Nevada (Las Vegas) FPD office for the win. [read post]
23 Mar 2022, 6:20 am
The commentary discusses the impact that this change is expected to have—noting that FPDS data shows that for fiscal years 2017 through 2019, an average of 257 long-term contracts (greater than five years) were awarded to 227 unique entities each year under the 8(a) program. [read post]
9 Dec 2009, 3:51 pm
The guarantees of the United States Constitution, as interpreted by the Supreme Court, apply to our most troubled and our most upstanding citizens alike, and our duty as Article III judges to fairly and impartially apply those guarantees to all citizens compels us to rule as we do today.The dissent argues that the California Supreme Court has considered the IAC claim, and its denial was not unreasonable.Congratulations to FPD Sean Kennedy of C.D. [read post]
26 Jan 2022, 8:50 am
All J.6 forms submitted by entities that advance to phase 2 of the selection process will require, within one week of advancing, the signature of the “contracting officer or private sector equivalent responsible for contractually binding their organization” or a Federal Procurement Data System (FPDS) record of the contract action. [read post]
1 Mar 2012, 9:19 am
Brewer, No. 12-15381 (2-28-12) (per curiam by McKeown, Berzon and Rawlinson).Editorial note: This is an Az FPD caseThe State intends to execute petitioner on March 8th. [read post]
5 Jan 2007, 3:08 am
FPD. [read post]
20 Nov 2008, 2:20 pm
A very good case as to sufficiency and knowledge.Congratulations to AFPD Elizabeth Newman on the FPD Office (L.A.).Doody v. [read post]
24 May 2011, 9:31 am
Diaz-Ramirez, No. 10-10230 (5-23-11) (O'Scannlain with Trott and Campbell, D.J.).In a case arising from "Operation Streamline" prosecutions in the District of Arizona (Tucson Division), and involving the Arizona FPD, the 9th found no Boykin error in the mass advisement of rights. [read post]
25 Mar 2008, 4:59 am
Hall would force the petitioner to play out the hand on state review.Congratulations to AFPD Tom hester of the Oregon FPD office (Portland).U.S. v. [read post]
18 Aug 2010, 1:27 pm
The intentional statement can be tied to the intent to deceive, and that the libel laws and precedents are well attuned to this and can be used here.Congratulations to AFPD Jonathan Libby of the FPD C.D. [read post]
14 Sep 2012, 12:05 pm
Second, regarding its own information, under the Final Rule it is the prime’s responsibility to check and correct any inaccurate information pre-populated in FPDS. [read post]
5 Jan 2008, 10:37 pm
FPD. [read post]
2 May 2011, 8:53 am
" Callahan, concurring, believes a remand is necessary, but does not join the majority in believing that the policy disagreement comes with the Kimbrough policy purview.Congratulations to AFPD Jim Locklin and FPD Sean Kennedy of the Los Angeles FPD's office. [read post]
21 Oct 2010, 1:51 pm
Despite FPD Freeland’s heroic efforts, we lost the constitutional issue in the Supreme Court. [read post]
