Last week, with the Memorial Day holiday, was a slow week for wins in the federal circuits- there’s only one short win.
Monday, of course, was a huge day for the government’s ability to collect massive amounts of data about the citizenry. I mean, of course, the Supreme Court’s opinion in Maryland v. King.
And, if you really are patient and eager for more of my take on the case, I was on Huffington Post TV talking about it (you can scroll past the technical issues, which, I swear, get resolved).
To the victory!
1. United States v. Joseph, Ninth Circuit: Appellant pled guilty to two counts of possession of contraband and one count of providing contraband to a fellow inmate in violation of 18 U.S.C. § 1791. One of the possession counts and the providing contraband count arose out of a December 2010 incident, while the remaining count arose out of conduct in February 2011. The court imposed consecutive sentences for each count. Because the court plainly erred in interpreting § 1791(c) to require consecutive sentencing for controlled substances offenses that arose out of separate items of drugs, the court vacated appellant’s sentence and remanded for resentencing.