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(1) Evidence was sufficient to prove a violation of 18 U.S.C. § 2251(a) — which prohibits using a minor to engage in sexually explicit conduct to produce a visual depiction of that conduct — when the defendant created a video showing a fully clothed, sleeping teenager and the defendant (nearby) engaging in conduct with himself. (2) Also, a 5-level sentencing enhancement, for engaging in a “pattern of activity” involving “prohibited sexual conduct,” was proper — under U.S.S.G. § 4B1.5(b)(1) — based on the offense of conviction and proof (by a preponderance) of just one other prohibited act. (3) Finally, a 70-year prison sentence, the Circuit holds. isn’t substantively unreasonable. United States v. Osuba, No. 20-3322, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Calabresi, Park, Nardini).
24 Apr 2023, 2:08 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Guest Post: Underwriting Risk and Sovereign Wealth Fund Investment in U.S. Private Equity
24 Apr 2023, 1:54 pm by Kevin LaCroix
[v] CFIUS is a US government interagency committee that reviews certain transactions involving foreign investment in the United States to determine their effect on national security. [read post]
The D & O Diary - http://www.dandodiary.com/
Untitled
24 Apr 2023, 1:10 pm by Ronald V. Miller, Jr.
Facts of Satterfield v. [read post]
Maryland Lawyer Blog - http://www.marylandlawyerblog.com/
New Maryland Post-Conviction DNA Test Opinion
24 Apr 2023, 1:10 pm by Ronald V. Miller, Jr.
Facts of Satterfield v. [read post]
Maryland Lawyer Blog - http://www.marylandlawyerblog.com/
Appellant’s submission of (three) “forged letters” of support, to the sentencing court, results in a 5-level increase in offense level: a two level upward adjustment for obstruction of justice (U.S.S.G. § 3C1.1) and the denial of a 3-level reduction for acceptance of responsibility (id. § 3E1.1). United States v. Strange, No. 21-2923, __ F.4th ____ (2d Cir. Apr. 17, 2023) (C.J.J.’s Pooler, Wesley, and Menashi).
24 Apr 2023, 1:09 pm by Darrell Fields
United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
First US Appellate Court to Decide Finds Geofence Warrant Unconstitutional
24 Apr 2023, 12:36 pm by Jennifer Lynch
The case is People v. [read post]
Deeplinks Blog - https://www.eff.org/deeplinks
US Supreme Court to hear two cases about public officials blocking users on social media
24 Apr 2023, 12:23 pm by Lauren Ban | U. Pittsburgh School of Law, US
In the first case, Lindke v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
Supreme Court Dodges AI Inventor Question with Denial of DABUS Case
24 Apr 2023, 12:15 pm by Eileen McDermott
Supreme Court today denied certiorari in the case of Thaler v. [read post]
IPWatchdog.com | Patent Copyright Trademark - http://www.ipwatchdog.com
Supreme Court Dodges AI Inventor Question with Denial of DABUS Case
24 Apr 2023, 12:15 pm by Eileen McDermott
Supreme Court today denied certiorari in the case of Thaler v. [read post]
IPWatchdog - http://www.ipwatchdog.com/
Is the Government Tracking Your Social Media Activity?
24 Apr 2023, 11:34 am by Shaiba Rather
American Civil Liberties Union ACLU v. [read post]
ACLU News & Commentary - https://www.aclu.org/news/
Proposed changes to HIPAA highlight increased demands for third party access to reproductive health data
24 Apr 2023, 10:41 am by Catherine David, Brad Rostolsky, Smita Patil, Whitney Petrie and Adriana Santomero
Impetus for Proposed Changes OCR cited the Supreme Court decision in  Dobbs v. [read post]
Health Industry Washington Watch - http://www.healthindustrywashingtonwatch.com/
Do I Have to Attend an IME in Person?: A Case Study
24 Apr 2023, 10:00 am by Comitz Stanley
One example of this scenario is the case of Masevice v. [read post]
Comitz Beethe's Disability Insurance Claim Blog - https://www.disabilitycounsel.net/publications/disability-blog/
[Eugene Volokh] S. Ct. Will Decide: When May Politicians Selectively Block Public Comments on Their Social Media Pages?
24 Apr 2023, 8:55 am by Eugene Volokh
., Davison v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Justices add two cases on liability of officials who block critics on social media
24 Apr 2023, 8:31 am by Amy Howe
Honolulu, and Shell Oil v. [read post]
SCOTUSblog - http://www.scotusblog.com/
Too Much of a Good Thing: Jake Linford on Copyright & Attention Scarcity
24 Apr 2023, 7:04 am by Camilla Hrdy
Judge Posner suggested something of this nature, positing in Gracen v. [read post]
Written Description - http://writtendescription.blogspot.com/
Civic Education and Faultlines of Constitutional Democracy
24 Apr 2023, 7:00 am by Guest Blogger
In Brown v. [read post]
Balkinization - http://balkin.blogspot.com/
Trump v. Carroll sexual assault case reaches the Second Circuit
24 Apr 2023, 6:00 am by Second Circuit Civil Rights Blog
The state court case was removed to federal court on diversity grounds and the Second Circuit had to determine whether Trump's allegedly defamatory comments were made within the scope of his employment as President of the United States.The case is Carroll v. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Ohio Federal Court Considers Subsurface Trespass
24 Apr 2023, 5:26 am by Charles Sartain
Golden Eagle Resources II LLC v. [read post]
Energy & the Law - http://www.energyandthelaw.com
Immodest Modesty, by Jamie Conrad
24 Apr 2023, 4:47 am by Guest Author
  He explains why in this remarkable passage from his concurrence to Kisor v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Immodest Modesty, by Jamie Conrad
24 Apr 2023, 4:47 am by Guest Author
  He explains why in this remarkable passage from his concurrence to Kisor v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/