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
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
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
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
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
Does marriage fraud happen in the marriage, or at the wedding?...more
I'm writing this from the Fourth Circuit Judicial Conference. Here's my brief recap....more
Hiring is always hard, especially in a small office.
You have work that needs to be done. You can't do it all. Maybe you're a professional, like a doctor, and some of the work isn't the best use of your time....more
There was only one published criminal case in the federal circuits last week where the defendant won. It's a good case on jury instructions for missing evidence, and the short write up is below....more
October 29, 2007 started bad for Cortez Fisher.
He walked out of his house and the Baltimore police approached him (he lived in Baltimore). They asked to talk to him. He said no. He tried to drive away, but backed into...more
The federal sentencing guidelines are probably the most problematic in three areas - fraud, child pornography, and drugs....more
Three odd cases were decided last week in the federal circuits....more
Two doctors, married to each other, were accused of health care fraud. They pled guilty and fought at sentencing about the amount of the restitution that they would have to pay back to the insurance companies for what they...more
In our first "Short Wins" of the new year, the Eighth Circuit reverses a district court's order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender...more
One would have thought that, with the end of the world predicted for Friday of last week, our nation's appellate courts would have spent their last week on Earth with family or friends, rather than cranking out wins for folks...more
This week's wins cover three circuits and four diverse areas of law.
Particularly interesting (to me) are the Fourth Circuit's opinion holding that it may not be a crime to steal the identity of a corporation. It feels...more
It's hard, when things go wrong, not to seek a mulligan. And we all get off on the wrong foot sometimes.
When a case is in front of a federal judge for sentencing, though, a mulligan is only very rarely...more