One of the hats I wear is that of the Federal opinions editor for a caselaw update that the Georgia Association of Criminal Defense Lawyers publishes monthly. It has been a slow month for Eleventh Circuit Opinions. But there is one that I will be writing up. And this blog post will pull double duty as a caselaw summary for that publication. The case is United States v. Sheels, a January 31 published opinion. This case deals with whether it was proper to impose a four-point enhancement under 2G2.1(b)(4) of the Federal Sentencing Guidelines. The question turns on what is sadistic of masochistic conduct. The Point: For purposes of determining whether to impose a four-point enhancement for a conviction for sexual exploitation of a minor by production of sexually explicit material, it is proper to impose the enhancement even if the defendant is the recipient of sadistic or masochistic conduct was directed at him rather than from him. The Facts: Mr. Sheels was convicted of one…
New 11th Circuit Interpretation of a Portion of the Sentencing Guidelines
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Covey on Recantations and the Perjury Sword
Russell D. Covey (Georgia State University College of Law) has posted Recantations and the Perjury Sword (Albany Law Review, vol. 79, pp. 101-133, 2015/2016) on SSRN. Here is the abstract: Courts are notoriously skeptical of recantation evidence, in part because...
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"Hate crimes rise in England and Wales: report"
From Jurist: Hate crimes rose by 50 percent in some areas England and Wales between July 2015 and July 2016, according to a newreport by the Press Association [BBC report] Wednesday. The new analysis supplements a report [text, PDF] from...
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2017 Cost Waiver Reports Available
The Administrative Office of the Courts recently submitted two reports on criminal cost waivers to the General Assembly. The first report covers court cost waivers under G.S. 7A-304(a). The other is about costs remitted upon remand from superior court to district court under G.S. 15A-1431(h). Both reports sort waivers by district or county and by individual judge. Let’s look first at the criminal cost waiver report, available here. The AOC is required by law to make the report to the General Assembly annually. G.S. 7A-350. Technically, it is required to include only just cause waivers of court costs under G.S. 7A-304(a). I sometimes refer to those costs as true court costs, to distinguish them from the various other monetary obligations that might apply in any case, like fines, restitution, and attorney fees. True court costs are those spelled out in G.S. 7A-304(a) or incorporated by reference therein. They are: Service of process ($5) Facilities ($12 district court; $30…
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"MN court: No warrant needed to search house for guest"
From Minnesota Public Radio, via NACDL news scan: In upholding that decision Wednesday, the Minnesota Supreme Court said the woman, who was suspected of possessing meth, had no greater expectation of privacy when visiting another home than in her own...
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DESIGUALDAD TERRORISTA
http://elcomercio.pe/opinion/columnistas/besos-y-disturbios-santiago-roncagliolo-noticia-1969269 Este es el último párrafo del articulo que firma Roncagliolo "El Vaticano y la policía responden al mismo prejuicio que predominaba en mi colegio hace treinta años: el de considerar peligrosos a los diferentes, no a los criminales. Ese prejuicio premia los abusos a oscuras y penaliza las conductas transparentes. Por tanto, beneficia a los violadores y multiplica las víctimas. A todos los padres de familia debería preocuparnos un error tan suicida. Especialmente a quienes repiten el lema “con mis hijos no te metas”, que pueden acabar convertidos en los mayores saboteadores de su propia causa". PREGUNTA: ¿Porqué este sujeto (Santiago Roncagliolo) en lugar de escribir sobre homosexuales, no usa su pluma para protestar por la TERRORÍFICA DESIGUALDAD que sufren los pobres del…
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Amplifying Molehills Into Mountains
This story reminds me of an old REO Speedwagon song:But I know the neighborhoodAnd talk is cheap when the story is goodAnd the tales grow taller on down the lineIan Millhiser, the Justice Editor at ThinkProgress, informs us:President Trump "is considering a proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants, including millions living nowhere near the Mexico border," according to the Associated Press. But AP did not say that. Notice the placement of the opening quotation mark. Follow the link in the ThinkProgress story, and we find that what the AP story actually said was:The Trump administration is considering a proposal to mobilize as many as 100,000 National Guard troops to round up unauthorized immigrants, including millions living nowhere near the Mexico border, according to a draft memo obtained by The Associated Press.What is "the Trump administration"? In theory, that could be the…
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New NJ Supreme Court Decision Makes Termination of Megan’s Law Obligations More Difficult
Megan’s Law provides that registrants who have not re-offended within 15 years of their conviction or release from custody, whichever is later, and are unlikely to pose a safety threat to others, can be relieved of their registration and reporting obligations. Given the burdens of Megan’s Law and the restrictions it places on many aspects of daily living, many registrants “watch the clock”, with an eye toward moving for a court order relieving them of their obligations as promptly as possible. A recent New Jersey Supreme Court case has, however, made it more difficult to succeed on such a motion. In the Matter of AD, JB and CM was decided on February 7, 2017. The case involved three registrants who sought relief from their Megan’s requirements. AD was convicted of third-degree endangering the welfare of a child, which triggered Megan’s Law reporting and registration obligations. He moved to be relieved of these…
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Town Seeks to Increase Mall Security After Gang-Related Shooting at South Shore Mall
Following a shooting that occurred at the South Shore Plaza earlier this month, town officials are meeting to discuss how to improve security at the mall. The meeting between South Shore’s General Manager Rick Tonzi, the town’s mayor Joseph Sullivan, and Chief of Police Paul Shastany is not the first of its kind to discuss the incident. On Wednesday, Tonzi refused to attend a meeting of the town council’s public safety committee, emailing the following statement about the policies of the mall’s owner, Simon Property Group: “Simon does not publicly comment on what we do and don’t do on security at South Shore Plaza.” Tonzi’s failure to attend the town council meeting was met with displeasure by Town Councillor, Charles Kokoros. “I think it’s a little disrespectful to the council and the committee,” he said. The shooting, which occurred in the shoe department of the Macy’s store, is believed to be linked to…
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Samsung CEO Jailed in South Korea Corruption Probe
Jay Y. Lee, is the CEO of Samsung. His family is the wealthiest in South Korea. He has a net worth of $6.2 billion and ordinarily lives in a $4 million Seoul mansion. Yesterday he was arrested for "questioning" in a big corruption scandal in South... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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"The Progressive Prosecutor's Handbook"
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Two Vehicle Injury Crash North of Declo
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 02/17/2017 at 2:30 p.m. Please direct questions to the District Office On February 17, 2017, at approximately 10:07 a.m., the Idaho State Police investigated a two-vehicle injury crash at the intersection of State Highway 77 and Interstate 84, north of Declo, ID. Juan Palomo Jr., age 30, of Evanston, WY, was driving eastbound on Interstate 84 at milepost 216 off-ramp in a 2006 Hyundai Azera. Lloyd Thornton, age 81, of Declo, ID, was driving northbound on State Highway 77 in a 2008 Cadillac CTS. Palomo's vehicle crossed State Highway 77 and pulled in front of Thornton's vehicle while getting onto Interstate 84. Thornton struck Palomo's vehicle and came…
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Hoping for the best from Prez Trump's creation of crime task force
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Friday Open Thread
It's a beautiful day here, here's an open thread, all topics welcome. [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Aggravated Identity Theft, the Driver’s License and the “Real Person”
This post examines a recent opinion from the U.S. Court of Appeals for the 9th Circuit: U.S. v Doe, 842 F.3d 1117 (2016). The court begins the opinion by explaining thatAppellant John Doe appeals from his convictions of aggravated identity theft under 18 U.S. Code § 1028A, for knowingly possessing and using the name, birth date, and social security number of another person when he applied to renew a Nevada driver's license and when he submitted a Form I-9 Employment Eligibility Verification form to his employer.Doe contends that the Government failed to prove an element of the offense—specifically that he knew that the false identity he used belonged to a real person. He also challenges the reasonableness of his 78-month sentence.U.S. v Doe, supra. The court went on to explain how, and why, the prosecution arose:The victim of Doe's identity theft, referred to herein as `V,’ was born in San Jose, California in 1963 and, in or about…
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OH2: Property can’t be returned when it still has evidentiary value
“There was little evidence regarding the floppy disks, CDs, and Rolodex, but the burden was on Webber to demonstrate that she was entitled to their return. Upon review of the record, the evidence before the trial court supported a conclusion … Continue reading →
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GA on implied consent
The trial court properly granted the motion to suppress. The evidence showed that defendant was extremely intoxicated and confused during her encounter with the officer, and that supporting the conclusion that she did not voluntarily consent to the blood test, … Continue reading →
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When Does Corporate Criminal Liability for Insider Trading Make Sense?
John P. Anderson (Mississippi College School of Law) has a new Article titled, When Does Corporate Criminal Liability for Insider Trading Make Sense? published in 46 Stetson L. Rev. 147 (2016). The abstract reads - Corporations are subject to broad...
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CA11: Normal part of the stop for Rodriguez included trying to call somebody to come and take the car
The normal incidents of the stop for Rodriguez purposes included trying to call somebody else to come and take possession of his vehicle. United States v. Vargas, 2017 U.S. App. LEXIS 2745 (11th Cir. Feb. 16, 2017). “In his complaint, … Continue reading →
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D.Neb.: Driving 1,000 miles to Iowa to meet one’s brother without knowing where in the entire state was “unusual travel plans”
The officer reasonably extended the stop by seven minutes by defendant’s consent after he told the defendant the stop was over and defendant agreed to answer more questions. The reasonable suspicion was that he was meeting his brother in Iowa … Continue reading →
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