Articles Tagged with Duress

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It’s a catch-up blast of short wins today following my Spring Break.

My favorite of the bunch, continuing on our recent restitution cases, is United States v. Foley. There, the district court ordered restitution that was outside the offense of conviction. The First Circuit reversed. Go First Circuit!

To the victories!

you win.jpg1. United States v. Molina-Gomez, First Circuit: The district court erred by denying Appellant’s motion to suppress statements he made to United States Customs and Border Protection officers. The questioning occurred in a small, windowless room and Appellant was not given Miranda warnings prior to being questioned, which amounted to a violation of his Fifth Amendment rights. The case was remanded so Appellant could withdraw his plea and determine how he would like to proceed.

Defense Attorneys: Leonardo M. Aldridge-Kontos, Hector E. Guzman-Silva, Jr., Hector L. Ramos-Vega, and Lisa L. Rosado-Rodriguez
2. Perry v. Roy, First Circuit: Appellant, an inmate, brought a civil rights suit challenging the medical treatment he received after a violent scuffle with prison guards, which left him with a broken jaw. The trial court dismissed the case, holding that Appellant had not presented evidence that prison medical personnel deliberately denied him care. But the First Circuit concluded that the trial court had improperly weighed the evidence, which, when viewed in a light favorable to Appellant, could support a finding that the prison medical personnel were deliberately indifferent to Appellant’s condition.

Inmate’s Attorneys: Benjamin M. McGovern, Amanda O. Amendola

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It’s bad-government-conduct-in-a-drug-border-crossing-case-from-the-Ninth-Circuit week here at the Federal Criminal Appeals blog. Yesterday, we blogged about the government’s argument that psychiatrists are qualified to read law enforcement records.

Today, we deal with the Ninth Circuit’s opinion in United States v. Sanchez.

cohdra100_0634.JPGMr. Sanchez crossed the border from Mexico with 64 pounds of cocaine in his car, a 2002 Passat. A customs officer, suspicious of the car’s German practicality, waived Mr. Sanchez to secondary inspection. A drug dog alerted to the car. The cocaine was found.