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It’s a good week in the federal circuits for folks accused of a crime.

Instead of the all-too-common diet of sentencing remands, there are some nice wins on our rights against unreasonable searches and seizures and against uncounseled statements to law enforcement. Well done appellate counsel!

And, what week would be complete without an opinion on restitution in child pornography cases.

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Michael Roussel used to be a Captain in the New Orleans Police Department. As you might expect, he was convicted of bribery.

After his conviction at trial, he went to sentencing. The judge determined that an enhancement for receiving more than one bribe was warranted. The Fifth Circuit, in United States v. Rousel, disagreed.

419055_rainy_night_in_the_french_quar.jpgSynergy

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Three odd cases were decided last week in the federal circuits.

First, the Eleventh Circuit vacated a set of convictions because the indictment didn’t successfully allege that the folks who were convicted had committed a crime.

The Sixth Circuit had a two-fer this week; one case involved sentencing irregularities and the other involved irregularities of a more troubling and frequent kind – cops lying.

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Someone told the police that Chunon Bailey sold drugs. Worse, he sold drugs and had a gun at his house at 103 Lake Drive in Wyandanch, New York.

That someone was a confidential informant.

The police took that tip and got a search warrant for 103 Lake Drive.

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It’s a scattershot collection of sentencing remands in this week’s short wins.

Also, Happy Belated President’s Day everyone, or, as OPM says, happy Washington’s Birthday:

This holiday is designated as “Washington’s Birthday” in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

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The Supreme Court has said that you can never suppress the body of a person accused of a crime – the person’s identity is not able to be kept out of evidence, even if that identity is the result of an unlawful arrest or search.

This is a huge issue in illegal reentry cases. If a person is deported then returns to this crime, that’s illegal reentry. If the person is deported after having been convicted of certain kinds of felonies – whoa buddy, that’s illegal reentry after having been convicted of an aggravated felony.

In light of the Supreme Court’s rule about how you can’t suppress the body of the person accused, many people who handle illegal reentry cases find them massively depressing. If you can’t suppress the person’s identity, even if the knowledge comes from an unlawful search, then you’ve gutted the Fourth Amendment for people accused of illegal reentry.

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It’s been a big week for resentencings – especially in the Sixth and Seventh Circuits.

The DC Circuit came in with an important decision on the BOP’s Inmate Financial Responsibility Program. The Ninth Circuit weighed in on supervised release conditions in a sex case.

Though, really, six opinions from our federal circuits last week and all of them involve a resentencing. It’s a sad kind of winning.

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Daniel Castro was a high-ranking person in the Philadelphia Police Department. And the Third Circuit’s opinion in his case – United States v. Castro – may just be the most awesome published opinion I’ve seen in months.

Mr. Castro was charged with three separate extortion conspiracies and also with making a false statement to federal agents – a violation of 18 U.S.C. § 1001.

The jury hung on the extortion charges. They convicted on the false statement charge.

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In a criminal case, most lawyers need to figure out what motions to file. A big part of this is to sit down with the government’s evidence and try to figure out what parts of the government’s case came from something that violated the constitution.

It’s frustrating when some part of the evidence came from a search warrant – challenges to search warrants are tricky, because a judge already signed off on the warrant. It’s not to say it can’t be done, it’s just different than challenging, say, if the FBI ran into a client’s office and took a bunch of stuff without a warrant.

Sometimes you can challenge a warrant if the affidavit in support of the warrant clearly didn’t establish probable cause to think there was going to be evidence where the cops searched.

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It’s a good week in the circuits for folks accused of federal crimes.

The Seventh Circuit has been active (though sadly without Judge Posner). United States v. Diaz-Rios looks interesting – it’s a remand for resentencing in a mitigation role case. Personally, I think the mitigating role reduction is too rarely applied (though I would say that). I’m always happy to see pro-defendant law made on that guideline.

Perhaps most interesting, though, is United States v. Doe – a Ninth Circuit discovery violation case. Looks like all of DOJ’s Brady training may not have eliminated the whole problem. Shocking.