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16 Nov 2014, 12:25 pm by Steve Kalar
Big win for Ass’t Federal Defender Chloe Dillon, Federal Defenders of San Diego, Inc.Facts: Raya-Vaca went through expedited removal proceedings under 8 USC § 1225 and removed, was later found in the U.S., and was charged with illegal reentry under 8 USC § 1326. [read post]
14 Aug 2016, 3:45 pm by Steve Kalar
The government argued that the obstruction error didn’t affect Herrera-Rivera’s substantial rights. [read post]
8 Nov 2020, 2:41 pm by Steve Kalar
Don’t give up on retrial after Bacon: CJ Thomas makes it clear that that option is still on the table. [read post]
29 Sep 2019, 2:10 pm by Steve Kalar
Torres, 869 F.3d at 1097 (“[T]he Sentencing Commission . . . amended the Guidelines in 1992 and adopted a conjunctive approach. [read post]
16 Aug 2015, 8:50 am by Steve Kalar
Moreover, if you misadvise a client that removal for a lesser charge is “virtually certain” – and it wasn’t – and your client then gets hammered after a hopeless trial based on that advice, an equally valid IAC claim awaits. [read post]
30 Mar 2014, 7:14 am by Steve Kalar
    Held: “[T]he government concedes that Vargem was not a prohibited person [from possessing a firearm] under federal law . . . [read post]
13 Nov 2016, 2:20 pm by Steve Kalar
Lucas’s holding is limited to the insufficiency of the discovery showing – don’t let the case be cited for the proposition that Brady claims do not apply to double jeopardy challenges. [read post]
15 Sep 2019, 8:48 am by Steve Kalar
When that didn’t happen in Hong, the government argued that several appellate theories were waived. [read post]
14 Oct 2018, 9:38 am by Steve Kalar
Even if we agreed with them on that point (which we don’t, for reasons explained below), they would not be entitled to reversal of their convictions on Count One. [read post]
20 Oct 2013, 8:22 am by Steve Kalar
Many of the investors who lost money, however, and much of the money lost, was due to bad investments or bad luck: the funds weren’t fraudulently diverted. [read post]
23 Feb 2014, 11:38 pm by Steve Kalar
   This old approach doesn’t square with the Supreme Court’s ACCA analysis in James, which treated an inchoate offense – attempted burglary – as different than the substantive offense of burglary. [read post]
30 Nov 2019, 4:50 pm by Steve Kalar
  Image of Judge Bea from https://law.stanford.edu/stanford-lawyer/articles/judge-carlos-t-bea-a-measured-view-of-the-law/.Steven Kalar, Federal Public Defender N.D. [read post]
15 Dec 2019, 10:11 am by Steve Kalar
“[ ][T]he prosecution was not required to prove that Kimbrew could achieve the outcome he promised. [read post]
30 Aug 2020, 4:33 pm by Steve Kalar
At trial Juror 5 was selected, but then explained her employer wouldn’t pay her salary while she served. [read post]
11 Aug 2013, 11:11 am by Steve Kalar
When they arrived to search Underwood’s house, they found his mother who explained he didn’t live there. [read post]
10 Sep 2017, 9:16 am by Steve Kalar
[T]he fact that Gutierrez knew that he was being monitored suggests, if anything, that he would have been more discreet in communicating with conspirators, reinforcing the need for a wiretap. [read post]
22 Dec 2019, 4:00 pm by Steve Kalar
   Turns out, however, that the massive federal resources poured into prosecuting addicts don't actually reduce the rate of fatal overdoses. [read post]