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25 Jun 2010, 8:16 am by Ron Krauss
Dillon, 572 F.3d 146 (3d Cir. 2009) has, indeed, effectively "ended crack litigation", as the Supreme Court, by a 7-1 vote, affirmed the Third Circuit in Dillon v. [read post]
5 Jun 2007, 4:15 am
Kuchinski, 469 F.3rd 853 (9th Cir. 2006) the 9th Circuit Court of Appeals ruled that images of child pornography contained in the defendant's computer's cache should not have been counted for sentencing purposes when there was no evidence that the defendant was a sufficiently sophisticated computer user familiar with the behavior of cache files.Defense lawyers argued that Kuchinski's prosecution for receipt and possession of child pornography violated the… [read post]
3 Oct 2013, 2:00 am by koherston
Regarding violations of the rule: “When a sequestration rule violation is raised on appeal, the court shall consider the seriousness of the violation and the prejudice, if any, suffered by the defendant. [read post]
24 Oct 2011, 9:33 am
Co., 425 F.3d 689 (9th Cir. 2005), which they claimed resolved any ambiguities regarding the timeliness of removals under the federal removal statute. [read post]
18 Nov 2015, 9:38 am by Shea Denning
Hutton held that the defendant had no right to seek review of the ruling on his motion to suppress in an impaired driving case when the district court did not enter a final judgment pursuant to G.S. 20-38.6(f). [read post]
5 Feb 2014, 7:00 am by Beth Bernstein
Eastern Fisheries, Inc., — F.3d —-, 2014 WL 144519 (1st Cir. 2014). [read post]
21 Aug 2007, 8:22 am
Rather, "[W]here, as here, the record evidences a court's consideration of the defendant's financial situation-albeit without express findings-the requirements of § 3664(f)(2) are satisfied. [read post]
23 Aug 2008, 9:32 am
United States, 405 F.3d 782, 787 (9th Cir. 2005) (setting forth the various ways the defendant could have shown a nexus, including by demonstrating that "the statements he made ... prompted the officers to search the car or enabled them to find evidence in it that otherwise would have remained hidden"). [read post]