Articles Tagged with “Ninth Circuit”

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There’s been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions.

Supervised release may not be the sexiest of issues, but, especially in child pornography cases, it matters a lot. I’m not sure what’s in the water in Chicago, but whatever it is reaffirms that these conditions need to be narrowly tailored and properly justified.

To the victories!

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Today’s featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate other crimes. The information was given on the condition that the information not be used to prosecute him. The government broke that condition.

Happily though, the Fourth Circuit enforced it.

To the victories!

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It’s a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United States.

Forfeiture is insane. It reminds me too much of the California prison industry lobbying for tough on crime laws – the incentives simply line up wrong (it’s a long chart – the short wins are at the bottom).

Here’s the chart:

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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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There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue in criminal cases in federal court these days – it’s good to see the home team winning in this area.

Also of note is In re Joannie Plaza-Martinez dealing with a sanction of an AFPD. It’s sad to see a criminal defense lawyer sanctioned, especially an AFPD. So it’s nice to see that sanction reversed.

To the victories!

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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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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 are two interesting opinions I’d like to highlight from this crop.

First, there’s United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can’t consider something. It seems to me that whatever that something is, these days, a district court can probably consider it. Prado is another example of that proposition.

More sensationally, check out the Ninth Circuit’s opinion in United States v. Maloney! Laura Duffy, the AUSA for the Southern District of California, watched the en banc argument in this case, decided the government’s position was wrong and asked the Ninth Circuit to vacate the conviction. Nice.