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
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
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
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
It's a bit of a sleepy week in the circuits, but not too sleepy in the news....more
There were three wins in the federal circuits last week, discussed below. The most interesting is probably United States v. Zabawa which gives a fair shake at sentencing to someone who assaulted an officer (who headbutted...more
There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more
It's a scattershot collection of sentencing remands in this week's short wins....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