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23 Oct 2011, 12:21 pm
Oct. 19, 2011), decision available here.Players: Big win for San Diego Ass’t Fed. [read post]
12 Dec 2010, 12:26 pm
Rivera-Gomez, the war isn't over yet -- and there's still plenty of sentencing ammo left. [read post]
29 Jun 2008, 10:06 am
Chapman didn't attempt to strike the agent or use profanity. [read post]
18 May 2008, 4:51 am
[An important aside: the Ninth expressly doesn't reach the issue of whether defense witnesses are subject to the same rules. [read post]
6 Aug 2011, 11:53 am
Of Note: McCarty ain’t a defense win. [read post]
2 Aug 2008, 7:14 am
" Id. at *1.Of Note: Judge Gould isn't happy. [read post]
26 Jul 2009, 12:17 am
" Id. at *2.Of Note: We weren't big fans of the 2008 Giberson decision on warrantless computer searches. [read post]
26 Oct 2007, 8:31 am
The indictment wasn't deficient. [read post]
13 Nov 2011, 10:13 am
Id. at *9 fn. 13.The cops got a search warrant, and in the affidavit (falsely) represented that Todd Chism had downloaded images: he hadn’t. [read post]
9 Dec 2007, 5:30 am
" Add the fact that you don't actually need an overt act alleged or proved in a drug conspiracy, United States v. [read post]
20 May 2012, 3:35 pm
Cops thought this was “counter-surveillance” creating probable cause, but didn’t stop Cervantes. [read post]
20 Mar 2010, 1:07 pm
Sadly, as Judge Bea emphasizes in his dissent, the Ninth doesn’t always have the last word. [read post]
22 May 2011, 8:28 am
May 17, 2011).Don’t bother looking for the holding in Leavitt: just wince your way through the first paragraph of C.J. [read post]
2 Aug 2009, 1:44 am
The Court also holds that § 841 isn't void for vagueness as to the ephedrine prior. [read post]
13 Dec 2008, 6:18 pm
This is particularly true because the Ninth doesn't actually articulate what the "uniform" federal definition of honest services is. [read post]
24 Jul 2011, 2:54 pm
Jailhouse lawyers tout Bond as the golden key that will ensure the release of our federal clients.It ain’t, and it won’t.For a “liberal” summary of Bond from a conservative commentator, see the article here. [read post]
14 May 2011, 3:33 pm
Here, notably, the restitution was far higher than anyone anticipated – even Probation didn’t recommend it. [read post]
31 Jul 2011, 3:59 pm
Id.How, exactly, the defense can credibly run alternative theories of entrapment and straight innocence isn’t exactly clear from the opinion – but worth noting that it is at least theoretically possible. [read post]
26 Mar 2010, 9:34 pm
Maciel didn’t know Ramirez. [read post]
10 Oct 2010, 11:31 am
How to Use: Don’t throw in the towel after Garcia-Jimenez: there were some unique and potentially distinguishable facts in this case. [read post]
