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Robert Peoples is no stranger to car trouble.

After his release from prison, he brought three lawsuits against South Carolina prison officials for violating his civil rights.

On the day of jury selection for his civil rights suit, Mr. Peoples was late. The federal judge hearing the case told Mr. Peoples that he had to be in court the next morning by 9:30.

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It’s a dog’s breakfast of victories in the nation’s federal criminal appellate courts.

Personally, I love a good case on the district court’s contempt power — look to see the Fourth Circuit’s contempt reversal in United States v. Peoples profiled in more depth a little later in the week. The case has everything — a pro se litigant, a finding of contempt, and profanity (which is tastefully referred to in the opinion). It reminds me of another great pro se contempt case from last year. It reminds me, too, of the Sixth Circuit’s relatively recent case on the limits of a district court’s power to sanction a lawyer. Always good stuff.

Which is not to give short shrift to the two other wins from last week — resentencing in an illegal reentry case and unsupported supervised release conditions in a federal sex case.

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Pretty much every federal district judge in the country knows by now that the sentencing guidelines are not mandatory, the guidelines can’t be presumed to be accurate, and that federal district court judges have authority to impose a sentence above, below, or within the sentencing guidelines, applying the factors set out in 18 U.S.C. § 3553(a).

1268685_washington_monument.jpgAnd so just about every federal district judge knows that if he or she says she’s going to give a guidelines sentence, he or she has to also say it’s the sentence that they’d give under § 3553(a).

It’s odd, but in federal court it’s very important that a judge knows what power he has, which is exemplified in the D.C. Circuit’s opinion in United States v. Terrell. If a district judge is going to give a guidelines sentence, he or she has to be clear about whether a lower sentence is even possible.

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The D.C. Circuit, normally an infrequent presence on this blog, has two cases in one week!

One involves Osama bin Laden’s driver and his happy adventures with retroactivity. The was a remand for a judge who thought that a below guidelines sentence is only appropriate when there are “compelling reasons” to go below the guidelines range.

There’s also go action in a Sixth Circuit meth case involving the Fourth Amendment, and a crime of violence case out of the Tenth Circuit.

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Michael Begin was a MySpace user. He used MySpace not so much to keep up with fan information about Twilight, but to make the acquaintance of a fourteen-year-old girl.

Though described as a twenty-year old Marine sniper on his MySpace profile, Mr. Begin was actually a 33 year old man with a history of convictions involving underage girls.

1382778_old_brick_cell_phone.jpgMr. Begin and the fourteen year old talked on MySpace often. Their conversations were sexual in nature. He also used his cell phone to send her two pictures which were perhaps inspired by Congressman Weiner. The girls’ mother became concerned. Her daughter told Mr. Begin that she was underage. Mr. Begin was undeterred.

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How do you determine the value of a thing?

Normally, in our free-market (or heavily regulated free-market) economy, we think that the value of a thing is set by what people are willing to pay for it.

If I’ll see you my collection of neckties for $10,000, and you’ll pay $10,000 to buy my collection of neckties, then we know my collection of neckties is worth $10,000.

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Last week saw a continuation of the short win trends we’ve seen in the past — federal sex crimes are frequently represented. Though this week is heavier on reversals involving enticing a minor.

1155650_berlin_siegessule.jpgThe Ninth Circuit lets a man expand the record to investigate an ineffective assistance claim, the Third Circuit finds that an argument that trying to get someone to engage in statutory rape shouldn’t be worse than actually committing statutory rape makes some sense, and a bribery conviction is reversed in the Seventh Circuit because the evidence was insufficient. It’s not a bad week in federal criminal appeals.

1. Buenrostro v. United States, Ninth Circuit: Appellant filed several postconviction claims after he was convicted of conspiracy to manufacture methamphetamine and sentenced to a mandatory minimum term of life imprisonment without parole based on his two prior felony drug convictions. Of those claims, the Ninth Circuit granted appellant’s motion to expand the record, which sought to reassert a previously raised ineffective assistance of trial counsel claim based on counsel’s alleged failure to communicate a plea offer.

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Hurricane Georges was bad for Puerto Rico. It destroyed the way of life for a number of Puerto Rican farms. The federal government offered low-interest loans to farmers who were hurt by the hurricane.

The federal government loaned this money through the Farm Services Agency. The Farm Services Agency – as the name suggests – is an agency that provides services to farms. And farmers.

1070316_orange_twister.jpgThe Farm Services Agency hired folks on the ground in Puerto Rico to process loan applications. One such person was Juan Colon-Rodriguez – his friends, including the First Circuit, just call him Mr. Colon.

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Max Budziak had some child pornography on his computer.

An FBI agent, using a program developed by the FBI called EP2P, logged onto his computer through the internet and downloaded child pornography from him on two separate days in July, 2007.

1165303_green_power.jpgLimeWire and EP2P

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As in past weeks, it’s an exciting week of mainly fraud and child pornography in the federal circuits, with a heavy helping of restitution issues.

1155650_berlin_siegessule.jpgIf this week generalizes (and it doesn’t) the rule is clear: if you want to increase your chances to win a federal criminal appeal, try to represent someone accused of fraud or a child pornography charge.

And be very lucky.