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23 Aug 2013, 3:46 pm
The Court held that the 1996 amendment of the Immigration and Nationality Act, removed "the Attorney General's power to grant discretionary relief from deportation '(i)f a noncitizen committed a removal offense after the 1996 effective date of these amendments removal is practically inevitable'". [read post]
10 Aug 2011, 1:33 am
Federal Rule of Criminal Procedure 41(f)(1)(C) simply states that “[t]he officer executing the warrant must give a copy of the warrant and a receipt for the property taken to the person from whom, or from whose premises, the property was taken or leave a copy of the warrant and receipt at the place where the officer took the property. [read post]
2 May 2008, 1:57 pm
Research in Motion, Ltd., 418 F.3d 1282, 1313 (Fed.Cir.2005). [read post]
6 Mar 2014, 5:52 pm
"[I]f there are two alternative explanations, one advanced by defendant and the other advanced by plaintiff, both of which are plausible, plaintiff's complaint survives. [read post]
27 Aug 2015, 1:15 am
His procedural challenges were anchored to a double counting argument that he received a two level increase under the sentencing guideline provision U.S.S.G. 2G2.2(b)(3)(F) for the distribution of child pornography, in that both the base offense level and the section 2G1.2(b)(3)(F) cover the act of distribution. [read post]
21 Aug 2009, 10:31 am
AMR (9th Cir. 2004) 383 F.3d 861, a diversity case applying California substantive law, the court, citing Dazo v. [read post]
21 Sep 2016, 3:29 pm
His procedural challenges were anchored to a double counting argument that he received a two level increase under the sentencing guideline provision U.S.S.G. 2G2.2(b)(3)(F) for the distribution of child pornography, in that both the base offense level and the section 2G1.2(b)(3)(F) cover the act of distribution. [read post]
6 Sep 2010, 10:13 pm
Kennedy Center for Real Estate Education, Inc., __ F.3d. __, 2010 WL 3448107, No. 08-56791 (9th Cir. [read post]
14 Jun 2008, 6:27 am
Theresius Filippi (1st Cir. 1990) 918 F.2d 244 (Filippi), the court held that federal prosecutors violated a criminal defendant's constitutional rights to due process and to the compulsory attendance of witnesses by denying the defendant's request that they ask federal immigration officials to grant an entrance visa to an Ecuadorian national who had exculpatory evidence in defendant's trial for transporting cocaine. [read post]
20 May 2008, 9:43 am
" 25 F.3d at 1286. [read post]
16 Sep 2013, 7:18 am
By smartly alerting law enforcement, he furthered the investigation which led to the arrest and detention of the defendant,” Rhode Island US Attorney Peter F. [read post]
9 Aug 2013, 1:24 pm
Cnty. of L.A., 673 F.3d 880 (9th Cir. 2011) [See WIMS 3/11/11]. [read post]
1 Jan 2014, 8:30 pm
Mackby, 339 F.3d 1013 (9th Cir. 2003), in permitting this remittitur.Essentially, the Court states that a District Court "must permit the government or its assignee [the Relator] the freedom to navigate its FCA claims through the uncertain waters of the Eighth Amendment." [read post]
22 Mar 2015, 2:49 pm
KEVIN F. [read post]
11 Nov 2009, 10:30 am
Millon Air, Inc., 341 F.3d 1220, 1225 (11th Cir. 2003). [read post]
25 Apr 2007, 6:23 am
See McLaurin, 373 F. [read post]
1 Apr 2016, 1:37 pm
Richards, 638 F.2d 765, 771 (U.S. [read post]
3 Feb 2011, 9:29 am
(See 47 USC 515(c)(2)(B)) Hoop #2 – Discovery prior to the Rule 26(f) conference What’s more, a plaintiff cannot start conducting discovery (and a subpoena is a discovery tool) until after it has had the initial conference with the defendant (the Rule 26(f) conference). [read post]
24 Mar 2014, 8:01 am
(f) Effect of violation of probation. [read post]
10 Dec 2018, 8:56 am
" (Sec. 2(f)). [read post]
