Articles Tagged with “Involuntary Commitment”

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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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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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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!