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18 Nov 2016, 7:09 pm
Judge Farris however, isn’t keen on looking at offense conduct to match federal statutes to federal statutes. [read post]
29 Mar 2015, 8:49 am
The Court thus concludes the error wasn’t harmless, and remands the matter to district court. [read post]
12 Nov 2017, 10:28 am
Hard fought appeal by Ass’t Fed. [read post]
17 Nov 2013, 7:27 pm
Judge Nguyen isn’t keen on that theory, rejecting it as a matter of statutory interpretation. [read post]
30 Apr 2017, 8:15 pm
But the government didn’t. [read post]
12 Apr 2015, 8:14 pm
Thankfully, however, attorneys can’t concede for their clients (at least, can’t concede plea facts that haunt later Taylor analyses).United States v. [read post]
29 Nov 2015, 4:14 pm
“In Jersey anything’s legal as long as you don’t get caught. [read post]
3 Feb 2013, 9:22 am
The Court explains that the discovery requests weren’t overbroad, counters that Doe couldn’t be expected to be more specific than he was in his request, and emphasizes (a la Stever) that evidence is relevant if it has “anytendency to make the existence” of a material fact more or less probable. [read post]
19 Oct 2014, 4:10 pm
Judge Tallman doesn’t buy it, and concludes that while this “net value” principle may apply to other prongs in the guideline – it doesn’t wash with the first prong. [read post]
22 Jul 2018, 9:26 am
[T]he district court correctly denied Barnes’s request to present a necessity defense to the jury. [read post]
23 Aug 2020, 11:27 am
It logically argued for a reduced sentence under § 3553(a)(1), since the defendant shouldn’t be on supervised release in the first place. [read post]
19 Jun 2017, 11:31 am
It just doesn’t matter -- when counsel is prevented from presenting a legitimate defense in closing argument, the conviction is reversed – period, full stop. [read post]
4 Mar 2018, 9:23 am
Rule 32.1 doesn’t discuss matters that have to be resolved by the sentencing court. [read post]
2 Dec 2012, 2:27 pm
The officers didn’t find either boy threatening, or likely to flee. [read post]
19 Jun 2016, 9:10 am
Like a virus, the Guidelines infect all sentences: a deal’s recommendation won’t immunize a case from Johnsonattack. [read post]
7 Sep 2014, 1:37 pm
A gov’t forensic experts had testified that the child porn was downloaded into different locations on the same computer – something a virus or Trojan horse would be unlikely to do. [read post]
14 Apr 2013, 3:06 pm
Yuman-Hernandez had an opportunity to withdraw, and didn’t. [read post]
15 Apr 2018, 1:43 pm
New speed-to-victory record set by First Ass’t Fed. [read post]
17 Feb 2013, 5:09 pm
Hence the Mays couldn’t owe restitution for a postal policy began the 20th, when their crime of conviction took place on the 24th. [read post]
12 Nov 2009, 11:12 am
Por seu turno, a jurisprudência do Supremo Tribunal Federal (STF) também espelha esse entendimento: “[...] ação de índole especial, de caráter constitutivo, que objetiva a formação de título jurídico apto a legitimar o Poder Executivo da União a efetivar, com fundamento em tratado internacional ou em compromisso de reciprocidade, a entrega de súdito reclamado”… [read post]
