Articles Tagged with “DC Circuit”

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A rational actor should not be overeager to join “Brothers of the  Struggle”  or  “Gangster  Disciples” (“BOS”), primarily comprised of a group of servicemen with too much idle time on their hands who were stationed at Ramstein Air Force Base in Germany. BOS is said to be related to  the  Gangster  Disciples, an  American  gang  with  roots  in  Chicago  and  corresponding individual “sets,” or local groups, around the world. (The BOS group was said to engage in fistfights but supposedly didn’t engage in other criminal activities.) “Initiation” in BOS meant that a new  member would be beaten up in a “jump-in,” during which  approximately six  BOS members would  hit the initiate for about six  minutes, striking blows between  the  neck  and  the  waist. The initiate could not defend himself in any way. During jump-ins initiates were asked repeatedly if they wanted to proceed. If the initiate declined, the initiation ended; otherwise if the initiate acceded, it continued. After a jump-in, the new member would be  hugged,  kissed  on  the  cheek, shown the BOS handshake,  and  taken out  to  celebrate. In the past, about fifteen to eighteen jump-ins had occurred and no one had been hospitalized or injured.

Rico Williams changed the rules of the “game” during Army Sergeant Juwan Johnson’s hazing. Williams was an ex-serviceman who was living at Ramstein as a dependent of his wife, who was also an Airman. Williams struck Johnson several times in the face during a jump-in that nine, not the usual six, BOS members joined in. As events transpired, the hazing continued, even though Johnson kept saying he was all right, and went on after Johnson had fallen to the ground and was kicked by members. Although Johnson never lost consciousness, he died within hours of the beating. (The sad details are at pages 3-4 of Circuit Judge Griffith’s majority opinion.)

Williams was charged under the  Military  Extraterritorial Jurisdiction  Act of  2000 (“MEJA”),  which  provides  federal jurisdiction  over  crimes committed  by a civilian  accompanying  the  Armed Forces  outside  the United  States (18 U.S.C. § 3261 et seq.), with second degree murder on an American installation. In addition he was accused of witness tampering (18 U.S.C. § 1512(b)(3)).  (Slip Op. at 5-6). An autopsy revealed “blunt force injuries”  to  Johnson’s  brain  and heart, which the Government’s medical expert opined had caused Johnson’ death. The defense medical expert, in turn, asserted that the cause of death was sickle-cell  trait,  a typically  asymptomatic  genetic condition,  and  that  “superficial  blunt  impact  injuries” were merely a “contributing” cause of death. (Slip Op. at 5). Williams was convicted of the murder count and received a 22-year sentence and a concurrent ten-year sentence on one of the tampering counts. (Id. at 6-7).

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And, after a really long break, we’re back. Apologies. This day job has been very busy lately.

And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law.

You saw our guest post on Hite last week – it’s a great case that bears a close read.

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Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases?

I still aspire to get back to that vision for the blog – that was fun. Seriously, look for more long write-ups soon. I’ve been distracted by writing for Above the Law (here is a link to my columns (I particularly like the one about cannibalism)) and my day job as a practicing lawyer.

But, if you’re jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. It has the jazzy title Criminal Defense Victories in the Federal Circuits. Or you could just read the archives.

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Last week was a busy week in the federal circuits. There’s a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law.

If, however, your interests are a bit more prosaic, you might want to read United States v. Ward. There, the person accused was convicted of defrauding different people than the indictment alleged he defrauded.

Amazing stuff.

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The big news in this edition of Short Wins is United States v. Abair – a simply crazy Seventh Circuit.

I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana) – for our purposes, the legal issue is whether she was appropriately crossed on statements in her tax returns or student loan applications.

I had a case years ago where the AUSA and I litigated whether he could use similar statements in cross if my client testified. We lost. Happily, we weren’t able to appeal the decision, but it’s freakin’ insane the way this stuff comes in sometimes. Abair is a nice step in moving the law in the right way.

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Happy Monday!

We have three short but good cases from the circuits from last week. I think my favorite is U.S. v. Glover, a nice suppression case. Congrats to Adam Kurland for the win.

To the victories!

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Dear Readers,

Apologies for posting so sparsely lately. Between covering the end of the Supreme Court term for Above the Law (see posts here or here if you’d like) and this day job as a lawyer, I’ve been remiss in keeping you up to date on what’s what in the circuits.

Today, please find the Short Wins for the last two weeks. My personal favorite is United States v. Huizar-Velazquez because there simply isn’t enough law on criminal importation of wire hangars.

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Today’s featured case is United States v. Hampton for a few reasons.

First, it’s from the DC Circuit, and my office is in DC – our Circuit’s pro-defendant decisions are particularly exciting (to me).

Second, it involves law enforcement agents offering expert testimony. Law enforcement testimony is massively frustrating – it feels, at times, that there no bounds to what an FBI Agent will testify about.

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Three opinions are in this week’s “short wins” – on restitution calculation, competency in a bank robbery case, and the Fair Sentencing Act.

And, in federal public defender budget news, the New York Times had an editorial last week calling for more sensible funding of the government services required by the Constitution. Here’s the best bit:

The right to counsel is already badly battered in state courts, largely because most states grossly underfinance the representation of impoverished defendants. Indigent defense in federal criminal cases has served as an admirable contrast because of the high quality and availability of federal defenders. Now this system is in peril. Federal defenders will not be able to take the time to visit clients in prison or search for facts that could raise doubts about clients’ guilt.

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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.