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Upward variation from sentencing guidelines is not abuse of discretion if court gives reasoned consideration to statutory sentencing factors
11 Feb 2009, 7:53 am
SENTENCING/PLEA AGREEMENTUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Plain error in sentencing need not be remedied if error does not seriously affect fairness, integrity, or reputation of judicial proceedings
4 Feb 2009, 6:47 am
SENTENCINGUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Crime defined by statute that includes mens rea of recklessness does not qualify as crime of violence for sentence enhancement purposes
14 Aug 2008, 11:55 am
SENTENCINGUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Third party's apparent authority to consent to search of property does not apply where police are aware of actual limits of party's authority
19 Apr 2007, 10:31 am
SEARCH & SEIZUREUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Extradition: US Magistrates Opts for Summons Prior to Arrest
24 May 2010, 5:14 am by Federal and Extradition Defense
Harshbarger v. [read post]
Extradition and Cross Border Criminal Defense News - http://obtainingforeignevidence.blogspot.com/
Links for 2011-06-14 [del.icio.us]
15 Jun 2011, 12:00 am by SOIssues
STATE v. [read post]
Sex Offender Issues - http://sexoffenderissues.blogspot.com/
Good faith exception to exclusionary rule applies only when police rely in reasonable manner on mistake made by someone other than themselves
30 Aug 2007, 4:32 am
SEARCH & SEIZUREUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Wyoming conviction for misdemeanor battery is not necessarily conviction for crime of violence as contemplated by federal firearm possession statute
13 Aug 2008, 12:29 pm
STATUTORY CONSTRUCTIONUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
More on laptop border searches
29 Apr 2008, 4:06 am
Arnold __ F.3d __, 2008 WL 1776525 (9th Cir. [read post]
Appellate Law & Practice - http://appellate.typepad.com/appellate/
Under Hobbs Act, extortion includes exploitation of fear of economic loss in order to obtain property to which exploiter is not entitled
26 Jun 2008, 11:18 am
STATUTORY CONSTRUCTIONUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Defendant’s check disbursing funds from wire fraud scheme to co-defendant is insufficient to show concealment element of money laundering
1 Apr 2009, 7:54 am by Russ
SUFFICIENCY OF EVIDENCEUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Search of cab of tractor-trailer rig based on drug dog alert was valid search because it was independent of earlier unlawful search of trailer
25 Aug 2008, 11:45 am
SEARCH & SEIZUREUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
District court must explain reasons for imposing sentence that is different from guideline range
6 May 2008, 4:24 am
SENTENCINGUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Federal habeas intervention is justified where potential state prosecution runs afoul of Double Jeopardy Clause
17 Jan 2007, 2:30 pm
HABEASWalck v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Defendant must make specific allegations of factual inaccuracy in presentence report to trigger district court's fact-finding obligation under Rule 32
10 Sep 2007, 5:09 am
SENTENCING United States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Skilled tribal medicine man occupies position "professional discretion" and therefore may qualify for abuse of position of trust sentence enhancement
5 Feb 2008, 4:34 am
MIRANDA/SENTENCINGUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Conviction for accessing protected computer does not require showing of intent to defraud or knowledge of value of information obtained
20 Feb 2007, 10:02 am
Willis,No. 06-6009, ___ F.3d ___ (10th Cir. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
Explosion in Whittier, Alaska, 49-year-old Man Missing
9 Jul 2019, 2:38 pm by Joseph Stacey
Fire from the explosion spread to the pier as well as the docked 99-foot F/V ALAGANIK. [read post]
Maritime Injury Law Blog - http://www.maritimeinjurylawyersblog.com/
Police entry to defendant's locked home did not exceed scope of consent where defendant requested search and used no words limiting scope of consent
20 Aug 2008, 12:11 pm
SEARCH & SEIZUREUnited States v. [read post]
Direct Appeal - http://directappeal2.blogspot.com/
How fair is fair?
31 Mar 2011, 1:05 am
As the Court held in Robidoux v. [read post]
Class Action Blog - http://www.carltonfields.com/classactionblog/blog.aspx