A “Street Sweeper” is not a recommended weapon of choice for dove hunting. It is a dangerous weapon with overwhelming kill power. In 1994, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) classified the Sweeper (also known as a “shotgun revolver”) as a “destructive device under the National Firearms Act (“NFA”). The NFA can be found in Title 26, Chapter 53, of the United States Code. Section 5861(d) of the NFA defines a “destructive device” as “any type of weapon … the barrel or barrels of which have a bore of more than one-half inch in diameter, except a shotgun or shotgun shell which the Secretary (of Treasury) finds is generally recognized as particularly suitable for sporting purposes …” Such a weapon cannot lawfully possessed unless registered. A Street Sweeper is a 12-gauge shotgun with a .729 bore, making it a destructive device. …
The Eight Circuit Issues Significant Gun Owner Ruling En Banc
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AHH...LOS ABOGADOS DEL ESTADO
Ahh…los abogados del Estado http://elcomercio.pe/politica/mitos-verdades-procuraduria-publica-444243 En el enlace que comparto, vistas las muchas interrogantes surgidas tras el “despido” de las procuradoras, el Decano de la prensa nacional invitó a opinar a los colegas Luís Vargas y Antonio Maldonado. Antes de criticar las intervenciones de los nombrados (ex – procuradores) me detendré unas líneas para opinar sobre la relación cliente-abogado. En principio un Abogado NO puede hacer lo que le da la gana sin antes poner en conocimiento de su cliente cómo lo defenderá, muy bien, partiendo de ese principio, el Abogado actuará en el proceso primero con honestidad (por favor no se rían, son pocos pero son) conociendo perfectamente el proceso y le informará las posibilidades en pro y en contra del problema planteado, en cuanto tiempo el Poder Judicial podría…
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I Just Got Arrested in Connecticut for Operating a Drug Factory. Am I Going to Jail?
There’s a severe-sounding felony drug crime being charged in Connecticut called “Operating a Drug Factory.” The irony here—and what flummoxes even some of the best criminal lawyers & attorneys in Stamford, Norwalk and Bridgeport—is that you don’t need to operate a so-called “factory” (or even a lemonade stand) to get pinched for this serious felony crime. All it takes is a bit of weed and a scale, or even a box of Ziploc plastic baggies. Keep reading to learn how to push back on this frequently over-charged crime. What is a “Drug Factory” under Connecticut Drug Laws? As any top Greenwich or Stamford Connecticut criminal lawyer attorney can confirm, the Connecticut criminal law at issue here is CGS 21a-277(c) called “Operating a Drug Factory.” The Connecticut penal code defines a drug factory as any “place”—meaning this could be your bedroom in your mom’s house (maybe…
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The Extraordinary Wealth of Jared and Ivanka Trump
The Washington Post has a new article on Jared and Ivanka amending their financial disclosures to disclose additional assets. That's not the interesting part of the story. The interesting part is how together they have earned more than $100... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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And It's Wikipedia by a Noose
They plan to kill TaiChin Preyor Thursday.It's not all that surprising. We're talking Texas, after all. And while executions are fewer these days than just a few years ago, well . . . . We're talking Texas, after all.Sometime after 4 in the morning on February 26, 2004, Preyor broke into the apartment of his, er, friend, Jami Takett, a drug dealer. He went into her bedroom where he stabbed Jason Garza who got away and had neighbors call for help.Then, according to the Texas Court of Criminal Appeals* he "stabbed Tackett numerous times and slashed her throat, severing her trachea, jugular vein, and carotid artery."It was brutal. But capital murders, all murders in fact, are. There are no nice murders. In any event: Texas, death sentence, death row. Execution date set. Execution date withdrawn. And now, as I said, they're planning to kill him on Thursday.Texas kills enough folks…
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Jefferson Sessions vs. Sergey Kislyak: Whom to Believe?
According to the Washington Post: Russia’s ambassador to Washington told his superiors in Moscow that he discussed campaign-related matters, including policy issues important to Moscow, with Jeff Sessions during the 2016 presidential race,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Was Foucault a Liberal and Should We Care?
Ben Golder, Foucault and the Politics of Rights (2015). Martin Krygier Foucault and Rights is intriguing and impressive at two levels: one exegetic; the other political. They can only be separated analytically, and they overlap and are interwoven in this book, but beyond a brief characterization of the exegetical virtues of the work, I will focus on politics, for two reasons. The first is simply that I am not a specialist on Foucault’s oeuvre. So I will not pretend to provide for Golder what he does so well for Foucault: an immanent exegetical critique. I will just say that Foucault and Rights is a masterly account and meticulous excavation of some of the deeper layers of Michel Foucault’s thought, postulating and persuasively arguing for underlying coherences in the face of apparent surface inconsistencies. It is exemplary immanent critique: immanent because the aim is primarily to explore the internal theoretical resources of Foucault’s thought to…
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Northern Michigan Priest Found Not Guilty of Sexual Assault Involving Another Priest
Unfortunately, it’s all too easy to accuse someone of sexual assault in today’s society. Many who accuse others of sexual assault do so when they aren’t clear on what actually occurred due to the fact they were under the influence of alcohol or drugs, or simply made wrongful allegations out of spite or revenge. Recently a Roman Catholic priest in Northern Michigan was found not guilty by a jury of allegedly sexually assaulting another priest. According to news reports, Reverend Sylvestre Obwaka was acquitted of sexually assaulting another priest who testified in court that while visiting Obwaka and spending a night in Rogers City at the rectory at St. Ignatius Church, he was sexually assaulted by the priest. Obwaka did not deny sexual contact, however he did maintain the consensual sex took place following a night of drinking. Obwaka is a native of Kenya and became pastor at St. Ignatius in 2013, although he has been a priest since 2010. Gaylor Bishop Steven…
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The Vagina Chronicles: The Judge Said So
I consider myself fortunate for having never seen a search warrant for a woman’s vagina. It’s hard to conceive what would be alleged that would make any sense to a rational judge. Assuming there was a snitch with proven reliability providing information that a particular woman regularly concealed narcotics in her vagina, it would fail to show probable cause that at any specific moment, there were drugs in there. At the same time, it would seek an intrusion into a person’s body that was, at best, trivial. Let’s assume, for the sake of argument, that the information is accurate. This isn’t a dirty bomb about to kill thousands of people, and Jack Bauer has 24 hours to stop the killing. It’s drugs. If they remain where they are, they don’t harm anyone. Not even by the chaos theory employed by drug warriors to justify why drugs are literally violence. If a person is dealing drugs, they eventually have to come out of a bodily orifice and be…
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New Report Emphasizes the Dangers of Drugged Driving
Although the number of drunk driving incidents has declined in recent years, a new and equally dangerous, and often more complex problem now poses a significant threat to the driving public – drugged driving, also referred to as driving under the influence of drugs (DUID). This is the conclusion drawn from a recent report put together by the Governor’s Highway Safety Association (GHSA) and the Foundation for Advancing Alcohol Responsibility, entitled Drug-Impaired Driving: A Guide for States, 2017. According to these organizations, with more states opting to legalize marijuana and drug overdoses due to the opioid epidemic hitting record rates, concerns over the issue of drug impaired driving and the resulting risks it poses for public safety has risen sharply. If you’re facing a DUI charge in Pennsylvania, it’s important to take action quickly to speak with a highly skilled Pittsburgh DUI lawyer from our team at Worgul Law Firm. We know what it takes to…
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DC: Time and proximity to a crime are important in RS, but here it was lacking
Time and proximity are important in the reasonable suspicion calculus. The closer in time with proximity to the scene of a crime, the more likely the suspect is involved in the suspected or already occurred criminal activity. Here, however, two … Continue reading →
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Short Take: An Unacceptable Choice
Upon first glance, it reeks of Buck v. Bell, the eugenics that was once deemed acceptable in America. After all, aren’t three generations of idiots enough? But is it the same? A judge in White County, Tennessee has issued a standing order offering a 30-day reduction in jail time to male inmates who get vasectomies and female inmates who get a Nexplanon implant in their arms. The ACLU of Tennessee has issued the following statement in response. “Offering a so-called ‘choice’ between jail time and coerced contraception or sterilization is unconstitutional. Such a choice violates the fundamental constitutional right to reproductive autonomy and bodily integrity by interfering with the intimate decision of whether and when to have a child, imposing an intrusive medical procedure on individuals who are not in a position to reject it. Judges play an important role in our community – overseeing individuals’ childbearing capacity should not be part…
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CA3: Nervousness in a high crime area isn’t RS
Defendant was in a “high crime” area around an apartment complex, and he was nervous when accosted by a law enforcement officer, something normal. This just wasn’t enough to be reasonable suspicion. United States v. Alvin, 2017 U.S. App. LEXIS … Continue reading →
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W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized
The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. … Continue reading →
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N.D.Cal.: Defs can’t show taint from alleged illegal bugs and all that was acquired afterward in this wide-ranging investigation
There were stationary bugs that recorded conversations, and the government has declined to use them at trial after much litigation. Still, there is “a heap of incriminating evidence” derived from all kinds of sources, and the court won’t suppress all … Continue reading →
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Defendant’s case reversed to give him a chance to address the judge at sentencing
Doyle pled guilty to distribution of more than fifty grams of cocaine bade and was facing a 10 year minimum sentence and up to live imprisonment. After calculating his advisory guidelines rant of 262 to 327 at sentencing the district court asked his counsel if she had anything to say before the sentence was imposed and she used the opportunity to argue successfully for a sentence at the low end of the advisory guidelines range. The court did not ask Doyle himself if he wished to make a statement or to allocate as required by the Federal Rules of Criminal Procedure. Doyle’s counsel did not object. Doyle later filed a pro se motion to vacate pursuant to 28 U.S.C. section 2244 claiming that he had asked his former counsel to file a direct appeal but that she had failed to do so. The district court granted his 2255 motion with respect to his failure to appeal claim and the court ordered the remedy spelled out in U. S. v. Phillips, which requires vacating the original…
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D.Md.: 2255 Franks IAC claim fails for not showing what the false statements were and how PC was undermined
Defendant’s 2255 Franks IAC claim fails for not showing what the false statements were and how probable cause was undermined. United States v. Johnson, 2017 U.S. Dist. LEXIS 112806 (D. Md. July 20, 2017). Defendant’s moving his hands around in … Continue reading →
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S.D.N.Y.: Seizure of months of CSLI was proper to connect def to a particular place
Months of historical CSLI, rather than just three day’s worth, was properly acquired by the government to show defendant’s connections to the property at issue. The third party doctrine provides defendant no relief [yet]. United States v. Serrano, 2017 U.S. … Continue reading →
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Teen Earns The Most Millennial DUI Ever
What started out as a live broadcast to her Instagram followers of singing and dancing in the car ended in tragedy for a California teen. According to police, an 18-year-old was arrested on suspicion of driving under the influence and vehicular manslaughter after crashing her car while broadcasting the whole incident live on Instagram. The incident happened Friday near the city of Los Banos. Police said that the Instagram live video shows Obdulia Sanchez singing and danging while driving with her younger sister and another minor in the car. At one point, the car drifted onto the shoulder of the road and Sanchez overcorrected the turn, which caused the car to crash through a wire fence and flip over in a field. The two minors in the back seat were not wearing seat belts and were ejected from the car. Sanchez’s sister died as a result of her injuries, and the other minor suffered “major injuries” according to California Highway Patrol Sergeant Darin Heredia.…
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Morales on Crime-Based Deportation
Daniel I. Morales (DePaul University College of Law) has posted Transforming Crime-Based Deportation (New York University Law Review, Vol. 92, No. 3, 2017) on SSRN. Here is the abstract: Why not rid the United States of criminal noncitizens and the...
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