Blog Posts in March, 2011

Immigration

US vs. Bonilla, No. 09-10307 (3-11-11)(Reinhardt with Berzon and Pollak, Sr. D.J., E.D. Pa). In Padilla, the Supremes made clear that the defendant must be advised of the immigration consequences to a ...
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Sex Offenses

US vs. Fernandes, No. 09-30135 (3-14-11)(Per curiam with Thomas, Graber, and Tallman). Must a court order a defendant convicted of abusive sexual contact under 18 USC 2244(b) to register as a sex ...
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Update in Death Penalty Cases

WASHINGTON (AFP) The US Supreme Court on Monday rejected a final appeal request from high-profile death row inmate Troy Davis, who was seeking a new trial after witnesses recanted their testimony ...
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Latest in Brady

US vs. Kohring, No. 08-30170 (3-11-11)(Thomas with Tashima, partial concurrence and partial dissent by B. Fletcher). The defendant here was a former state representative charged and convicted of ...
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Latest immigration news

US vs. Bonilla, No. 09-10307 (3-11-11)(Reinhardt with Berzon and Pollak, Sr. D.J., E.D. Pa). In Padilla, the Supremes made clear that the defendant must be advised of the immigration consequences to a ...
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Aggravated Identity Theft updates

In United States v. Harrell, 10-30176 an appeal from W.D. Wash. (Jones, J.) submitted: 3/10/11, panel: Fisher Gould Tallman (author) Holding: The panel affirmed a conviction for aggravated identity ...
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Prisoner Civil Rights

In Noble v. Adams, 09-17251, an Appeal from: E.D. Cal. (Ishii, J.)Argued & Submitted: 2/15/11Panel: Noonan O'Scannlain Trott (author), this Court took up the subject matter of Prisoner Civil ...
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Latest constitutional arguments

In United States v. Guo, 09-50394, an appeal from C.D. Cal. (Walter, J.) argued & submitted: 11/1/10 Panel: Pregerson Seventh Circuit Judge Ripple Graber HOLDING:Affirming a conviction for ...
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Update in judicial discretion

Recently in US vs. Fernandes, No. 09-30135 (3-14-11)(Per curiam with Thomas, Graber, and Tallman) the question arose whether a court must order a defendant convicted of abusive sexual contact under 18 ...
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UPDATES IN IDENTITY THEFT

Recently in the 9th Circuit Court of Appeals in US vs. Harrell, No. 10-30176 (3-17-11)(Tallman with Fisher and Gould) a good question arose: what are parentheticals good for in statutes? Not much, ...
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UPDATES IN CRIMINAL LAW

In the United States Court of Appeals for the 9th Circuit, the Court took on Cook v. Brewer, No. 11-5303 (3/16/11) (O'Callahan with O'Scannlain and Graber). Petitioner filed a 1983 action ...
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Mark Goudeau Trial Update

Trial is set to begin April 19, 201l with jury selection.
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Release conditions

United States v. Watson, 09-50666 Subject Matter: Criminal Law Holding: The 9th Circuit panel affirmed a judgment revoking supervised release in the case of a defendant who concedes that he became a ...
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illegation immigration

United States v. Salazar-Mojica, 09-50632 Subject Matter: Criminal Law Holding: The 9th Circuit panel affirmed a sentence imposed following the defendant's guilty plea to being a deported alien ...
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Drug Trafficking

Affirming a conviction for importation of cocaine and possession with intent to distribute, the 9th Circuit panel wrote that neither United States v.Vallejo, 237 F.3d 1008 (9th Cir. 2001), nor its ...
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