United States v. Kopstein, Second Circuit: Appellant was convicted by a jury of transporting and shipping child pornography. During trial, Appellant's sole defense was entrapment....more
Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio.
As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would...more
United States v. Flores-Mejia, Third Circuit: The court vacated Appellant's sentence after being convicted of reentry after deportation. The Third Circuit, however, used the opportunity to change its current law and now...more
It's a relatively slow week in the federal circuits.
My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in...more
There's been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions.
Supervised release may not be the sexiest of...more
Today's featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate...more
It's a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United...more
In this edition, I think the most interesting case (of a number of interesting cases) is United States v. Garcia.
There, the government had an agent testify as an expert. The Fourth Circuit reversed, because the...more
There's a lot in this week's edition of Short Wins, but my favorite is United States v. Aurenheimer.
Federal venue is a broad thing. It's nice to see a circuit push back a little on just how broad it can be....more
Last week was a busy week in the federal circuits. There's a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law....more
There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue...more
The big news in this edition of Short Wins is United States v. Abair - a simply crazy Seventh Circuit.
I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana)...more
It's a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being...more
Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. §...more
There are two interesting opinions I'd like to highlight from this crop.
First, there's United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can't consider...more
It's a grab bag of victories in the federal circuits for last week. A few sentencing remands - including one based on a loss calculation in a health care fraud case - but the most interesting remand is in the First Circuit's...more
The Courts of Appeal have been more diligent in issuing opinions than we've been in posting them. Apologies. As those of you who do trial work can understand, sometimes it's really hard to do anything other than eat and sleep...more
There's been a lot of action in the federal circuits these first few weeks of the year, and here, in one post we have a lot of it.
One shout out in particular is U.S. v. Aparicio-Soria....more
It's generally a slow time of year between Christmas and New Year's, but the federal circuits have been busy. But who wouldn't want to start the year with a remand in a criminal case (other than the government)?...more
It's white-collar week here at the federal criminal appeals blog. Two big wins in white collar cases - a price fixing conspiracy case in U.S. v. Grimm and a sentencing win in a securities fraud case in U.S. v. Simmons....more
The United States government thought that Lonnell Glover was a drug dealer. They tapped his phone, but he spoke in code so they couldn't get any evidence on him that way....more
There are some good wins in the federal circuits from last week, but I think that perhaps the most interesting is U.S. v. Malenya.
The case deals, primarily, with supervised release conditions. ...more
In many ways, Faisal Hashime's case is a typical child pornography case. A government agent was on the internet looking at child pornography....more
Before we get to the last week's wins in the federal circuits, three things:
First, I think the most interesting opinion from the federal circuits in the last week is United States v. Murray from the Second Circuit. ...more
1. United States v. Arreguin, Ninth Circuit: Appellant's motion to suppress evidence was denied by the District Court. The Ninth Circuit reversed and remanded, directing the trial court to grant the motion to suppress....more