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After yesterday’s heady news from the ABA Law Journal (did I mention you can vote for this blog here), I completely neglected to, you know, actually blog. Apologies.

Here are brief treatments of the wins from the week with Thanksgiving in it. Like Thanksgiving leftovers, there’s not a lot here to be tremendously excited about, but, if you’re really into yams and there are yams in the fridge, you’re happy.

To carry the metaphor forward, let’s hope you’re really into sentencing remands.

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I’m grateful that the ABA Law Journal has, again, decided this is one of the 100 best law-related blogs in the country.

That’s right, your very own Federal Criminal Appeals Blog is on the 2012 ABA 100 list.

Here’s what the ABA Law Journal said about the blog:

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It’s a slow week here in the federal circuit courts, at least for people accused of a crime who won their cases – only three cases were reversed in the federal court of appeals in published opinions last week.

Happily, what last week’s opinions lost in quantity they made up in quality.

Judge Posner weighed in on restitution in child porn cases. Always a fun writer to read.

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If you’re ever involved in a bank fraud case, you should probably read the Second Circuit’s opinion reversing Mr. Felix Nkansah’s bank fraud conviction. If the government wants to convict someone for bank fraud, the Second Circuit says they’ve got to show that the person was trying to defraud a bank (as opposed to trying to defraud someone or something else).

The Company You Keep

Felix Nkansah fell in with some bad company.

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I like to work with other lawyers when the case warrants it. In fact, it’s rare that I don’t have a few cases in the office where I have co-counsel.

Normally, this is good because I get to see how others are handling the same issues I am. I get to learn what other people are doing and I have an opportunity to improve my game.

There are exceptions, though. Three times this calendar year, I’ve been working with a lawyer at another firm and I’ve stumbled upon an inexcusably lazy way to do legal research. More on that in a second.

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Gregory Fair was an internet entrepreneur. Of sorts.

Mr. Fair’s Criminal Copyright Enterprise

He sold pirated copies of outdated Adobe software on Ebay. His customers could buy this outdated software, then, with an update code Mr. Fair was also able to provide, they could pay Adobe to upgrade their software to the most current version.

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If Mitt Romney is right that 47% of Americans think of themselves as victims, then the Second Circuit’s opinion in United States v. Lacy may be deeply unpopular.

Like Mitt Romney, Kirk Lacey and Omar Henry had a vision for the future.

Unlike Mitt Romney, their vision involved short sales, straw buyers, and a little light mortgage fraud.

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It’s a good week for reversals in fraud cases.

The Second Circuit sent two fraud cases back for resentencing, and vacated a conviction in its entirety! And they’re cool issues — for example, for the “mass marketing” enhancement under the fraud guidelines to apply, the government has to show not just that mass marketing happened, but that mass marketing happened to victims. A number of convictions were also vacated in a criminal tax prosecution, and the Second Circuit found a violation of the defendant’s public trial right.

The D.C. Circuit entered the fraud remand fray, sending a criminal copyright case back because of errors in the restitution order.

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Federal conspiracy law is a crazy thing.

It seems simple enough – a person is guilty of a federal criminal conspiracy if they agree with someone else to commit a federal crime and take some steps to carry out committing that crime.

But the agreement doesn’t have to be explicit – it can be inferred from the way people act. Sort of in the same way that when my daughter puts cookies in our shopping cart at the grocery store while I’m watching we have an agreement that we’re going to buy cookies.

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It’s another relatively slow week in the federal appeals courts of our great nation. Perhaps folks are too saturated with election coverage to issue opinions.

Of the three courts that issued opinions this week, only one is in a battleground states (or quasi battleground state) – the Tenth Circuit in Colorado.

The Eleventh Circuit based in Georgia and the Fifth Circuit in New Orleans surely are not drowning in direct mail pieces or television ads.