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5 Feb 2008, 8:11 am
Mukasey, No. 05-4448 Petition for review of a decision denying petitioner asylum and related relief, and finding that he was removable due to a prior state conviction for possession of a controlled substance, is denied where a remand was unnecessary because petitioner's challenge to the state court conviction constituted an impermissible collateral attack, and he presented no other claims that would entitle him to relief. [read post]
24 Jan 2008, 9:17 am
A number of commentors are concerned about my quick critique of the Eleventh Circuit work in US v. [read post]
19 Jan 2008, 11:36 pm
Merritt (right) had nothing to do with the Ninth's Case o' The Week in United States v. [read post]
15 Jan 2008, 1:50 pm
Sexton, No. 05-6412, 05-6415, 05-6416 Defendants' sentences for offenses stemming from the distribution of cocaine, imposed on a remand pursuant to Booker, are affirmed over meritless claims that: 1) the district court violated their Sixth Amendment and due process rights by using its own factual findings to calculate their sentencing ranges under the Guidelines; 2) the sentences exceeded the "maximum statutory sentence" allowable for their offenses; 3) imposition of their… [read post]
15 Jan 2008, 6:14 am
The 9th does remand though under Ameline in light of Booker's advisory Guidelines holding.U.S. v. [read post]
13 Jan 2008, 4:47 pm
Because we find that Staunch was not an "eligible employee" under the FMLA and her state law claims are without merit, we AFFIRM the district court's grant of summary judgment to Continental. 08a0005p.06 Auletta v. [read post]
10 Jan 2008, 12:11 pm
  In any event, here is the opinion's first paragraph:David Thornton appeals from the district court's decision to not re-sentence him after a limited remand pursuant to United States v. [read post]
7 Jan 2008, 8:57 pm
Though lost in all the death penalty action, last Friday the Supreme Court granted cert on an important post-Booker issue in Irizarry v. [read post]
7 Jan 2008, 4:35 am
  Key topics covered in this memorandum include: the right to counsel the right to a hearing, and the right for the defendant to be present the right to a full resentencing in accord with Booker v. [read post]
4 Jan 2008, 11:58 am
  The Eleventh Circuit Court ruled that such notice is not required because, now that the Sentencing Guidelines are advisory (under Booker v. [read post]
1 Jan 2008, 7:27 am
The decline of the past two years was the result of a reduction in appeals from administrative agency decisions involving the Board of Immigration Appeals (BIA), as well as decreases in criminal appeals and federal prisoner petitions brought about by the Supreme Court's decision in United States v. [read post]