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13 May 2008, 1:35 pm
Genao-Sanchez, No. 05-1402 Sentence for drug conspiracy, conspiring to use a firearm in furtherance of a drug conspiracy, and aiding and abetting the commission of a crime, is vacated and remanded where: 1) the district court's failure to convene a new sentencing hearing deprived defendant the opportunity to argue his position both as to matters of fact relevant to sentencing, and as to the appropriate sentence to be imposed; and 2) thus, the error was prejudicial. [read post]
4 May 2008, 5:43 am
Freeh (December 28, 2001), Docket # 00-2260 and Opinion # 002260.P.(2) What if person A gave person B access to person's A HD and person B loaded it with illicit material, then person B gives a undercover policeman access to person A's HD. [read post]
2 May 2008, 7:00 am
: (IP ThinkTank), WIPO: T-Mobile, T-online domain names to be transferred to Deutsche Telekom: (Class 46), UK, Germany and US top Taylor Wessing’s first IP index: (Managing Intellectual Property) Global - Patents Leveraging IP to finance early-stage technology: (first part - IP finance), (second part – IP finance), WTO members support new disclosure requirements for patent applications relating to genetic resources and traditional knowledge: (Afro-IP), Types… [read post]
1 May 2008, 7:20 am
P. 26 (a) (1) (A) (ii) & (b) (2) (B), cover the circumstances electronically stored information may be disclosed / forensically examined during federal litigation. [read post]
1 May 2008, 4:05 am
P. 12(b)(6) motion to dismiss, dismissing Genender's tortious interference claim. [read post]
29 Apr 2008, 7:13 am
Rule 8(b) and Rule 14; and 2) the government violated Brady, when it failed to produce arguably exculpatory evidence with respect to a charged co-conspirator until the week of trial. [read post]
25 Apr 2008, 10:00 am
" [18] In strict liability claims, the degree of care taken by the defendant is immaterial, all that generally matters is that they sold or distributed the product and if they did, liability attaches if the product causes a harm. [read post]
21 Apr 2008, 6:18 am
As a discipline, comparative legal scholarship must be of value also in the absence of a shared goal of a "general law in Europe to exist once more" (at p. 14). [read post]
17 Apr 2008, 12:22 pm
If the government wished this situation to change, it would be a matter for statute - an order by the Secretary of State. [read post]
17 Apr 2008, 3:00 am
Importantly, the Act does not specify that such clinicians must be forensic experts, and suggests a risk assessment may still be made even if the offender does not cooperate fully (or at all) in the examination process.Section 8 outlines what these assessment reports must entail: (a) whether the 'offender has a propensity to commit relevant offences in the future'; (b) their 'pattern and progression' of sexual offending, and the 'nature of any likely future sexual… [read post]
14 Apr 2008, 4:08 am
P. 12(b)(6) motion to dismiss plaintiff's claims based upon preemption. [read post]