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
Last week's wins are below - and there are some great reads.
But today, let's congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit....more
We have three short but good cases from the circuits from last week. I think my favorite is U.S. v. Glover, a nice suppression case....more
Congress these days seems to have noticed that we have too many federal criminal laws - which is a good thing (the Congressional notice, less the excessive criminal laws).
Last week, the House Judiciary Committee heard...more
1. United States v. Dominic Pelligrino, Second Circuit:
Appellant Pellegrino was charged with having violated New York's narcotics laws and pleaded guilty in state court. Although the circuit court found his arguments...more
Due to my own sloth, we're presenting two weeks of short wins in one post. Here it is!
There are some good cases here, featuring the Armed Career Criminal Act, the Fourth Amendment, and law enforcement agents...more
It's a sleepy week in the Circuits last week - a resentencing and a restitution remand.
To the victories!
United States v. Daniels, et al., Fifth Circuit: Appellants were convicted of conspiring to distribute...more
On this, the Monday after Labor Day, I suspect many of us have the feeling that work piles up when you leave the office. And, with last week off from Short Wins, that's definitely what happened here....more
When you go to a restaurant, you have to pay for the meal - there's a quid pro quo. ...more
There are some great cases from the Ninth and Eleventh Circuits this week - especially United States v. Ermoian on obstruction of justice. Good times....more