June 5, 2013

Short Wins - Slow News Day Edition & DNA Collection News

Last week, with the Memorial Day holiday, was a slow week for wins in the federal circuits- there's only one short win.

Monday, of course, was a huge day for the government's ability to collect massive amounts of data about the citizenry. I mean, of course, the Supreme Court's opinion in Maryland v. King.

My coverage at Above the Law is available here (it's dissent heavy).

And, if you really are patient and eager for more of my take on the case, I was on Huffington Post TV talking about it (you can scroll past the technical issues, which, I swear, get resolved).

To the victory!

1155650_berlin_siegessule.jpg1. United States v. Joseph, Ninth Circuit: Appellant pled guilty to two counts of possession of contraband and one count of providing contraband to a fellow inmate in violation of 18 U.S.C. § 1791. One of the possession counts and the providing contraband count arose out of a December 2010 incident, while the remaining count arose out of conduct in February 2011. The court imposed consecutive sentences for each count. Because the court plainly erred in interpreting § 1791(c) to require consecutive sentencing for controlled substances offenses that arose out of separate items of drugs, the court vacated appellant's sentence and remanded for resentencing.

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The Federal Criminal Appeals Blog is published by Kaiser, LeGrand & Dillon PLLC in Washington, DC. Kaiser, LeGrand & Dillon PLLC represent people who have been charged with federal crimes, are under federal investigation, or have a federal criminal appeal.

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