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I strongly suspect that many of our nation’s circuit court judges worked over the Thanksgiving break, because they’re back with nine wins for folks accused of crimes in our nation’s federal appellate courts.

It’s a potpourri of cases – multiplicity in the sale of Bald Eagle Parts, an innocent spouse issue in a restitution award, the reduction of a fine in an Ernst & Young tax shelter fraud case, and a few Fourth Amendment cases.

Heck, there’s even a case on a Rule 41 motion. When’s the last time you saw a federal appeals court issue a published opinion on a motion for the return of property?

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It would be hard to overstate the impact of the Supreme Court’s recent cases on the Confrontation Clause.

Starting with Crawford v Washington, the Court has given much more meat to the requirement that if testimony is going to be used against someone in a criminal case, the person giving the testimony has to be in the courtroom and actually testifying.

Some of these changes are slow moving. Even though Crawford was decided in 2004 – whether business records provide an exception to the confrontation requirement has been a little unclear. Happily, the First Circuit clarified that business records are not automatically excluded from the Confrontation Clause.

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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.