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15 Sep 2008, 8:29 pm
Joseph, No. 065911 Conviction for using the Internet to solicit a person defendant believed to be a minor to engage in sexual activity, in violation of 18 U.S.C. section 2422(b), is vacated and case is remanded for a new trial where the jury was permitted to convict on an invalid legal basis. [read post]
11 Sep 2008, 7:15 pm
Lesser counts of Conspiracy in the 2nd and 4th degrees, Class B and E felony offenses, have also been filed. [read post]
2 Sep 2008, 5:17 pm
Brattain, No. 07-1594 A sentence for aggravated sexual abuse of a minor is vacated and remanded for resentencing where, contrary to the district court's conclusion, the district court's refusal to apply an enhancement pursuant to U.S.S.G. section 4B1.5(b) was error because defendant qualified as a repeat offender, and Congress explicitly revised the enhancement to apply to repeat-offenders who abuse only a single victim. [read post]
28 Aug 2008, 2:15 pm
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
22 Aug 2008, 4:21 pm
., 466 F.3d 75, 78-79 (2d Cir.2006) (per curiam); In re Torres, 432 F.3d 20, 22-23 (1st Cir.2005); In re Popkin & Stern, 289 F.3d 554, 556 (8th Cir.2002); In re Overland Park Fin. [read post]
22 Aug 2008, 12:20 pm
., 466 F.3d 75, 78-79 (2d Cir.2006) (per curiam); In re Torres, 432 F.3d 20, 22-23 (1st Cir.2005); In re Popkin & Stern, 289 F.3d 554, 556 (8th Cir.2002); In re Overland Park Fin. [read post]
28 Jul 2008, 2:53 pm
Peikes, No. 07-0408 "An order dismissing plaintiff's claims is affirmed where defendant's claims are time-barred and hence subject to dismissal under Federal Rule of Civil Procedure 12(b)(6)" CRIMINAL LAW & PROCEDURE, EVIDENCE US v. [read post]
17 Jun 2008, 6:33 pm
Torres, 318 F.3d 1058, 1065 (11th Cir. 2003) ("'[F]inal action' for the purposes of § 3292(b) occurs when a foreign court or authority provides a dispositive response to each of the items listed in the government's official request for information. [read post]
10 Jun 2008, 9:56 pm
This entailed (a) walking to the subway station; (b) taking the subway for about twenty minutes to the bus station; and (c) finding our bus to Puebla. [read post]
13 May 2008, 1:35 pm
Armstead, No. 05-5157 Convictions for felony willful copyright infringement for private financial gain are affirmed over allegations that the government failed to produce sufficient evidence that DVDs sold had an aggregate value of more than $2,500 in "retail value" as used in section 2319(b)(1). [read post]
7 May 2008, 8:43 am
Examining the structure, format, and text of the statute, and four Supreme Court decisions (Almendarez-Torres, Jones, Castillo, and Harris), as well as the legislative history of § 848(b), the Court concluded that Congress intended to define the crime of continuing criminal enterprise in § 848(c), that it set out the applicable penalties for that crime in subsection (a), and that it intended to mandate an enhancement when a defendant commits the offense in… [read post]
3 Mar 2008, 12:13 pm
Santoyo-Torres, No. 07-2204 A conviction for possessing methamphetamine with intent to d [read post]
18 Dec 2007, 10:49 am
Torres, the RIAA is planning to make a motion to dismiss counterclaims.December 18, 2007, Letter of Victor B. [read post]