Articles Tagged with “Fourth Circuit”

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In this edition, I think the most interesting case (of a number of interesting cases) is United States v. Garcia.

There, the government had an agent testify as an expert. The Fourth Circuit reversed, because the agent’s “expert testimony” exceeded the bounds of what counts as expert testimony.

The way agents get qualified as experts is, often, nuts. It’s good to see the Fourth Circuit rolling it back.

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Aggravated identity theft – charged under 1028A – seems like it’s getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. § 1028A carries a mandatory 2 years in prison, consecutive to any other count of conviction. I’m starting to see these in cases beyond the garden variety identity fraud gift card cases – like tax and health care fraud.

The statute says that for subsequent 1028A convictions, a district court has discretion whether to stack them. And United States v. Chibuko addresses exactly that issue and the importance of reading a statute.

To the victories!

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There’s been a lot of action in the federal circuits these first few weeks of the year, and here, in one post we have a lot of it.

One shout out in particular is U.S. v. Aparicio-Soria. The Fourth Circuit weighs in on resisting arrest. Is it always a crime of violence? Surely not, but, well, it takes a while for things to get to that point.

Congratulations Sapna Mirchandani for a nice win!

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It’s white-collar week here at the federal criminal appeals blog. Two big wins in white collar cases – a price fixing conspiracy case in U.S. v. Grimm and a sentencing win in a securities fraud case in U.S. v. Simmons.

It warms your heart right before the holidays.

This is also the last week to vote for this blog on the ABA Blog 100. Here’s the link – scroll down to the criminal justice blogs and you’ll find us.

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In many ways, Faisal Hashime’s case is a typical child pornography case. A government agent was on the internet looking at child pornography. He saw an email address. He emailed that address and the person who answered agreed to send some child pornography to him.

red-symbols-3-1092769-m.jpgAgents traced the IP address for the email that was sent, and it led to the Hashime residence. There, 19 year old Faisal Hashime lived with his family while he went to community college in Northern Virginia. The agents got a search warrant, as they almost always do in child pornography cases.

Armed with a battering ram, a search warrant, and a phalanx of officers, they stormed into the Hashime residence one morning.

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Congress these days seems to have noticed that we have too many federal criminal laws – which is a good thing (the Congressional notice, less the excessive criminal laws).

Last week, the House Judiciary Committee heard testimony on overcriminalization of regulatory crimes. The Hill has a nice write-up in “Regulation horror stories for Halloween.”

Here’s the intro:

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On this, the Monday after Labor Day, I suspect many of us have the feeling that work piles up when you leave the office. And, with last week off from Short Wins, that’s definitely what happened here.

Without further ado, to the victories!

1155650_berlin_siegessule.jpg1. Miller v. United States, Fourth Circuit: Appellant was convicted of possession of a firearm by a convicted felon. For appellant’s two prior convictions (upon which the instant offense was based), he was sentenced to 6 to 8 months for each offense. He filed a 28 U.S.C. § 2255 motion to vacate his sentence, arguing that his prior convictions were not qualifying predicate convictions. The court agreed, vacated appellant’s conviction, and remanded for the petition to be granted.

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It’s been a busy week in the federal circuits – lots of good wins to check out.

Also, while I’m shamelessly pimping, please check out an article I wrote for the National Law Journal here about DOJ prosecutions, pleas, and why the law ought to be clearer.

To the victories!

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John Doe (not his real name – but the guy shouldn’t be singled out any more than he already has been. If you really want to see his name, it’s on the opinion from the Fourth Circuit) wanted to have gay sex with a stranger.

Instead of going online like a normal person, he went to a national park in North Carolina. Mr. Doe was in his sixties – apparently baby boomers don’t use Grindr.

Mr. Doe was not the only person in the park looking for men who were looking to have sex with strangers. In response to a complete absence of real crime anywhere in North Carolina, law enforcement was there too.

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