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It’s a sleepy week in the Circuits last week – a resentencing and a restitution remand.

To the victories!

1155650_berlin_siegessule.jpg1. United States v. Daniels, et al., Fifth Circuit: Appellants were convicted of conspiring to distribute and to possess with intent to distribute five kilograms or more of cocaine. The finding as to drug quantity was vacated because there was insufficient evidence to support it. Appellants’ sentences were vacated and the case remanded for resentencing for the court to recalculate appellants’ Guidelines range calculations, which were driven by the conspiracy’s vacated five kilogram finding.

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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.

Without further ado, to the victories!

1155650_berlin_siegessule.jpg1. Miller v. United States, Fourth Circuit: Appellant was convicted of possession of a firearm by a convicted felon. For appellant’s two prior convictions (upon which the instant offense was based), he was sentenced to 6 to 8 months for each offense. He filed a 28 U.S.C. § 2255 motion to vacate his sentence, arguing that his prior convictions were not qualifying predicate convictions. The court agreed, vacated appellant’s conviction, and remanded for the petition to be granted.

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Due to various case and vacation related reasons, there will be no short wins today.

But, fear not – if you really want to read stuff written by me about federal criminal law, you can read my editorial in Sunday’s Baltimore Sun here about Eric Holder’s proposals to reduce the prison population.

Here’s the punchline:

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There are some great cases from the Ninth and Eleventh Circuits this week – especially United States v. Ermoian on obstruction of justice. Good times.

And, of course, the big news of last week was Eric Holder’s recognition that there are a lot of people in federal prison. I’m skeptical that a policy that lets folks with one or two criminal history points avoid a mandatory minimum is going to do much to reduce our prison population, as I told some folks last week, but if the Attorney General is going to pay lip service to an idea, I suppose I’m glad it’s an idea that I agree with.

To the victories!

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When you go to a restaurant, you have to pay for the meal – there’s a quid pro quo. But you don’t have to leave a tip (we’re leaving aside situations where you have a large party and they automatically add 18%). A tip you leave because you want to note and appreciate the service you received. Maybe a tip is expected, but a waiter can’t sue you for not leaving one.

So too with bribes, gratutities, and law makers. If a member of Congress makes a deal with you where you’ll give him $10,000 in exchange for voting for your favorite bill, that’s a bribe. But if he votes for your favorite bill and then you send him $10,000 because you’re excited about his vote, that’s a gratuity.

As the Supreme Court has said,

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It’s been a busy week in the circuits. But first, two news items.

Eric Holder Walks Back The War On Drugs

Today, as has been widely reported, Eric Holder will announce that “widespread incarceration at the federal, state and local levels is both ineffective and unsustainable.” Here’s coverage at the Wall Street Journal.

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Placido Mendoza drove a truck from North Carolina to Tennessee. His passenger was Abel Tavera.

Tavera was a roofer. He later said (to a jury) that he thought he was going to Tennessee to see a construction project.

23.jpgThe truck had construction equipment in it. And a bucket containing nails.

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Does marriage fraud happen in the marriage, or at the wedding? As it happens, marriage fraud, at least according to the Eleventh Circuit, is a bit of a misnomer – it’s really better thought of as wedding fraud.

The statute is 8 U.S.C. § 1325(c). It says that it’s a marriage fraud whenever “[a]ny individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws.” The case is United States v. Rojas.

2.jpgYunier Rojas and Soledad Marino were friends. Good friends, but just friends. Apparently not even friends with benefits. Just friends.

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Two bits of news before we get to the short wins:

ABA Blog Nominations

First, this is the last week you can tell the ABA Law Journal what you think about this blog – or any other law-related blog – as they prepare their list of the top 100 law-related blogs in the country (or world, or multiverse).

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It’s a bit of a sleepy week in the circuits, but not too sleepy in the news.

BOP Coverts Danbury to a Men’s Prison

In Slate, Yale law professor Judith Resnik wrote about the problems facing female inmates in the Bureau of Prisons (hat tip to Todd Bussert’s BOP Blog).