Sometimes we anxiously await high-impact en bancdecisions: decisions that affect hundreds of our clients -- controversial opinions that hit SCOTUS’s radar the moment they are delivered. See, e.g. Aguila Montes de Oca, blog entry here. And sometimes, not so much. See United States v. Gasca-Ruiz, 2017 LEXIS 5893 (9thCir. April 5, 2017), decision available here. Players:Decision by Judge Watford, joined by Chief Judge Thomas and Judges O’Scannlain, McKeown, W. Fletcher, Gould, Bybee, Bea, N.R. Smith, Hurwitz, and Friedland. Concurrence by Judge Hurwitz joined by Judge W. Fletcher. Appeal by AFDs Vince Brunkow and Ryan Fraser, Federal Defenders of San Diego, Inc.Facts: Gasca-Ruiz took agents on a high-speed chase with smuggled aliens in the truck. Id. at *3. The PSR reported that one alien had mild lacerations to his fingers and a minor burn from the heat of the car – the alien declined medical attention. Id. at *4. Probation recommended…
Case o' The Week: The Angel Boogie -- Gasca-Ruiz and Standard of Review for Advisory Guideline Appeals
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Omaha World-Herald: Nebraska law enforcement report shows racial disparity in traffic stops
Omaha World-Herald: Nebraska law enforcement report shows racial disparity in traffic stops by Alia Conley: Nebraska law enforcement agencies continued to report racial disparities in traffic stops in 2016. In Douglas County, for example, black drivers accounted for 28.5 percent … Continue reading →
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NYTimes: U.S. Blinks in Clash With Twitter; Drops Order to Unmask Anti-Trump Account
NYTimes: U.S. Blinks in Clash With Twitter; Drops Order to Unmask Anti-Trump Account by Mike Isaac: Last month, the federal government issued a summons ordering Twitter to hand over information about an anonymous account that had posted messages critical of … Continue reading →
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Theory: Direct or Indirect Criminal Trial Advocacy
In hypnosis, there are two basic styles of inducing trance: the direct, or “authoritarian” style, and the indirect, or “Ericksonian” (named after Milton Erickson) style. The direct: “Close your eyes.” The indirect: “You might find yourself wondering whether you can go into trance, and thinking about your doubts you might discover a time when you could feel more relaxed than possibly at any time before you go into trance you might find your eyes trying to stay open or maybe they want to close and you can let them close now … that’s riiiiggghhht ….” Neither is better than the other. A good hypnotist will have both available as tools (requisite variety!). It occurs to me that there are direct and indirect styles of trial lawyering, as well. As well there might be — hypnosis and trial lawyering are just different forms of communication, so they might as well share categories. Thinking…
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Motorcyclist Injured on SH55 near Horseshoe Bend
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/09/17 8:05 pm Please direct questions to the District Office On Sunday April 9, 2017, at approximately 4:50 pm, Idaho State Police investigated a single vehicle, injury crash, on State Highway 55 at milepost 58, near Horseshoe Bend. A motorcyclist was riding southbound on SH55 on a 2012 Harley Davidson motorcycle. The rider failed to negotiate curve and struck the concrete barrier on the southbound side. The rider was separated from the motorcycle and came to rest on the southbound side of SH55. The motorcycle came to rest on the northbound shoulder. The rider was wearing a helmet. The rider was transported by air ambulance to St. Alphonsus Regional Medical Center…
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Update: Crash Westbound At Vista (3/30/17)
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/09/2017 9:00 p.m. Please direct questions to the District Office ****Update**** Ivy Q. Marquez succumbed to her injuries. 3641/3642 ****Update**** Larry Olander succumbed to his injuries. 3451/2850 ********** On Thursday, March 30, 2017 at approximately 8:03 p.m., Idaho State Police investigated a two-vehicle crash on westbound Interstate 84 at milepost 53, near the Vista Avenue interchange. Derik Olander, age 21, of Boise, was driving a 1990 Subaru Loyale wagon west on I-84 near Vista when he stopped in the lane of travel. Stacie Duval, age 43, of Kuna, was driving a 2001 Toyota Sequoia behind Olander's vehicle. Duval's Toyota collided with Olander's…
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Final Update: Motorcyclist Injured on SH55 near Horseshoe Bend
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/09/17 9:35 pm Please direct questions to the District Office **** Final Update **** The motorcyclist, Tamara J. White, 55, of Boise has succumbed to her injuries. Next of kin have been notified. 3641/3642 ********************* On Sunday April 9, 2017, at approximately 4:50 pm, Idaho State Police investigated a single vehicle, injury crash, on State Highway 55 at milepost 58, near Horseshoe Bend. A motorcyclist was riding southbound on SH55 on a 2012 Harley Davidson motorcycle. The rider failed to negotiate curve and struck the concrete barrier on the southbound side. The rider was separated from the motorcycle and came to rest on the southbound side of SH55. The…
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Federal Antitrust Laws | Federal Antitrust Defense | Federal Criminal Defense
Federal Antitrust Defense The antitrust laws regulating business practices are extremely complex. Our team of attorneys includes former federal prosecutors who have prosecuted and defended complex financial crimes that focus on prohibited anti-competitive business conduct. Antitrust Laws Antitrust laws are federal statutes designed to thwart perceived unfair business practices that allow businesses to control so much market share that it effectively eliminates competition. Federal antitrust laws are codified under the Sherman Act (15 U.S.C. §§ 1-7) and the Clayton Act (15 U.S.C. §§ 12-27). The Sherman Act The Sherman Act focuses on collusion between two or more businesses to improve their positions or eliminate competition. The Sherman Act also gives prosecutors the ability to seize and forfeit assets through the criminal forfeiture process. The Sherman Act imposes criminal penalties of up to $100 million for a corporation and $1…
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ISP Traffic stop in Jefferson County yields methamphetamine and heroin; driver charged
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE 1540 Foote Drive Idaho Falls, ID 83402-1828 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 04/10/2017 Please direct questions to the District Office On April 8, 2017, at approximately 7:11 p.m. an Idaho State Police Trooper conducted a traffic stop on Interstate 15 near milepost 130 near Roberts, Jefferson County, Idaho. The driver, Michael J. Wrobel of Wildrose, North Dakota, was the sole occupant. During the investigation of the traffic stop, a drug-detecting K9 was deployed and it alerted on the vehicle. ISP Troopers conducted a search of the vehicle and found approximately a 1/2 pound of methamphetamine and a personal-use amount of heroin. The street value of the drugs is approximately $6,000-$8,000. Wrobel was charged with Trafficking Methamphetamine and…
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Michigan DUI Lawyer – Take care of this for Me!
The other day, I was in a local Oakland County court for a DUI case and found myself in the company of a bunch of rather well-know, top-shelf lawyers, several of whom were also there to handle drunk driving charges, as well. I looked around and noticed that the most of the people in the courtroom did not look like the crowd that would be be using court-appointed or bargain priced lawyers. Although the usual socio-economic cross section of people showing up to deal with a drinking and driving charge usually runs the gamut from low to high-income, this was definitely a more well-heeled crowd. As I thought about the somewhat unusual experience of seeing so many good lawyers in one courtroom at the same time, I realized that this particular group of DUI driver’s had the means to hire “up” and find some relief in knowing that they’d be taken care of in the best possible way. Busy people with a lot to lose need an attorney they can…
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AG Sessions opting not to renew National Commission on Forensic Science
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U.S. Supreme Court Finds Racial Bias in Jury Deliberations Unacceptable
Racial bias and jury decision-making is fraught with many unanswered questions. We know it exists but too what extent remains a vast unknown. Most studies focus on the issue of race in the jury selection process or the influence a defendant’s race may have on a jury outcome—not on the racial bias of juries per se. Racial Bias of Juries On March 6, 2017, the U.S. Supreme Court in Pena-Rodriquez v. Colorado walked up to the edge of the jury racial bias. Miguel Angel Pena-Rodriquez (“Pena”) was convicted in a Colorado court of sexually assaulting two teenage sisters. As is a common practice among defense attorneys and prosecutors, Pena’s attorney spoke with jurors about why and how they arrived at their guilt decision. Two of the jurors expressed concern about conduct they had witnessed in the deliberation process. One juror with a law enforcement background reportedly said it had been his experience as a cop that “Mexican…
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MILLENIALS AND PRE-NUPS
CBC NEWS REPORT Millennials are more open to pre-nups than older generations, says B.C. family lawyer Georgialee Lang Millennials are marrying with more assets they would like to see protected, lawyer says. Prenuptial agreements are becoming more prevalent as millennials decide to marry in their early 30s, often entering relationships with significant assets, says B.C. family lawyer Georgialee Lang. Prenuptial agreements are becoming more prevalent as millennials decide to marry in their early 30s, often entering relationships with significant assets, says B.C. family lawyer Georgialee Lang. (CBC) Prenuptial agreements are on the rise for B.C.’s younger newlyweds, says family lawyer Georgialee Lang. According to a recent survey from the American Academy of Matrimonial Lawyers, prenuptial agreements are rising for newlyweds aged 18 to 35 — and Lang says the shift is noticeably taking place in B.C. “We’re seeing [prenuptial…
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Looking at banking issues and reform for marijuana industry
A student in my Marijuana Law, Policy & Reform seminar is looking closely at the law, policies and practices surrounding banking activities for the marijuana industry, and he has provided for class reading the following links in preparation for his presentation this coming week: Federal regulation on "Suspicious Activity Report"...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/9iJNhogOOYY" height="1" width="1" alt=""/>
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A Portrait of Race-Based Police Brutality
A Portrait of Race Based Police Brutality There are cops – some good, some bad. Then there are some cops who are so roguish, so bad that they should not be allowed to touch a law enforcement badge. Florida’s Broward County Sheriff’s Deputy Nick DeGiovanni is one of those worst kinds of cops—a history of fabricating police reports and engaging in or covering up police brutality. Take, for example, the brutal beating he inflicted on Paul Stephens on the evening of February 9, 2009. Deputy Fabricated Reports, Covered Up Police Brutality A black Jamaican who was an automobile mechanic in 2009, Stephens and his cousin Roan Greenwood, also a black Jamaican, were working on a vehicle at an apartment complex in Broward County. Both men were there as invited guests of a resident at the complex. The two men were working on a vehicle belonging to Stephens’ girlfriend. DeGiovanni was cruising around the neighborhood which had…
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"Day Fines: Reviving the Idea and Reversing the (Costly) Punitive Trend"
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Virginia marijuana law – The Commonwealth crystallizes its law allowing CBD & THC-A oils for epilepsy
Virginia is far behind the medical marijuana states that have made marijuana possession and use lawful for numerous medical ailments. Virginia law limits legal marijuana medicinal use (only in the form of cannabidiol oil (“CBD oil”) and THC-A oil) to epilepsy, and pursuant to a physician’s valid prescription (physicians are not going to prescribe — rather than recommend — marijuana, lest they lose their DEA license to prescribe medicine). This legislative session, Virginia passed statutory updates — signed into law by Governor Terry McAuliffe in mid-March 2017 — that take the following baby steps forward in crystallizing its already-existing law allowing CBD and THC-A oils for epilepsy: – Possession of CBD and THC-A oils is an affirmative defense not only for those holding a physician’s written certification for such possession and use, — as well as the parent and legal guardians of such minors — but also the…
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Aníbal Quiroga y el derecho fundamental a la información
http://elcomercio.pe/opinion/colaboradores/mas-lo-mismo-anibal-quiroga-leon-noticia-1980658?ref=flujo_tags_381202&ft=nota_17&e=titulo?ref=nota_opinion&ft=mod_leatambien&e=titulo Resulta incomprensible para mí que un abogado mediático y no por ello con mayores conocimientos que el suscrito, se haga preguntas como esta: “¿Por qué una ley del Congreso debe ser la guardiana de que la información sea objetiva, veraz, plural y oportuna de la sociedad (sic), so pretexto de fortalecer el ejercicio de la libertad de expresión en los medios de comunicación y de la sociedad civil legítimamente representada? ¿Cuál sería una representación ilegítima? Al margen del galimatías, no se entiende quién es el llamado a representar legítimamente a la sociedad civil ni ante quién lo haría.?” Lo más grave es que no tiene respuestas;…
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Boca Raton Woman Gets 4 Years for Wire Fraud
A Boca Raton woman was sentenced to four years and three months in prison for submitting fraudulent student loan applications online. According to investigators, the 31-year-old tricked nursing students at the Coral Ridge Training School into giving out their personal information, which she then used to sign up for loans without their consent. At the time, the woman was an employee at the school, officials said. Many students found out about the unauthorized loans when they started receiving letters from the loan servicing companies. Wire Fraud is a very serious criminal offense under federal law. A conviction usually results in stiff fines and lengthy time behind bars. There are 2 major factors that outline if wire fraud was committed: The accused willfully intended to devise a scheme or means to defraud another person of money or property with the intent to defraud. The accused committed the scheme through the use of interstate wire facilities, such as telephone,…
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Why the Attorney General Needs to Review Consent Decrees
As Kent noted here, a liberal district judge in Baltimore rushed to implement a federal consent degree regulating the Baltimore police department notwithstanding that our newly-constituted Justice Department asked for time to review it.Few doubt that there are sometimes abuses of police power that require federal intervention. I was part of such intervention when I joined DOJ, and it wasn't just a consent decree, either. But the ideological slant of the consent decrees written by Obama's Justice Department is not what the Framers had in mind when they sharply cabined federal authority, and made policing almost entirely (some say 100%) a local matter.Sheriff David Clarke and I are quoted extensively in this LifeZette article explaining why consent degrees are problematic. The main reason, as I noted, is that they take root in a distorted, pre-fab view that sees cops as hoodlums and criminals as victims.
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