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Venezuela, Perú y el deporte

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Todos los peruanos que saben leer, los analfabetos que escuchan las noticias,  conocen la posición de las autoridades de este País "democráticamente" capitalista, respecto del gobierno venezolano que "mata de hambre a su pueblo", más o menos  el infierno en la tierra, la mayoría dará por cierta la noticia, comportándose como en la letra de un Tondero  que en parte de su letra dice: "DICEN QUE ALLA VIENE NO SE SABE QUIÉN, TODO EL MUNDO CORRE, CORRO YO TAMBIÉN", o como la pequeña historia de García Marquez que empieza en una carnicería como simple chisme, el carnicero alerta a su cliente que se viene una escasez (para que le compre un poco más es la mezquina finalidad del vendedor), la clienta dice: entonces deme dos kilos y el chisme es trasladado por esta mujer a otras personas, de manera que la escasez que empezó por interés…

The Other “Cannabis Act”:  9 Things to Know about the Ontario Legislation

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The Other “Cannabis Act”:  9 Things to Know about the Ontario Legislation“The Other One” (Ontario’s Cannabis Act)Let us talk about the Cannabis Act that will set out in law in the new landscape of “legalized” marijuana exactly what is legal and what is not, what you can go to jail for and what you cannot.  No, I am not talking about the federal government’s Bill C-45, looking likely to go around and around between the two parliamentary chambers before being passed.  I am referring to the Other One; the other Cannabis Act, which will affect 13.5 million people; the one you probably do not know much about, but which you probably should.  I am talking about Ontario’s 2017 legislation – not yet in effect, but very much passed – the similarly titled Cannabis Act: Much attention is being paid to the federal bill, and rightly so: the federal legislation does, of…

Best Electronic Album of 2018 So Far

"Jeff Sessions Struggles to Get Planned Marijuana Crackdown Going"

Former US Pardon Attorney explains why "Trump’s pardons are really not out of the ordinary"

Case o' The Week: Ninth Nixes Extortion Contortions - Edling and "Crime of Violence" Under Guideline Definition

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  Did Tony Soprano extort by threatening “physical injury” to his victim's iPad?  (Yeah, the Ninth doesn’t think so, either.)United States v. Edling, 2018 WL 2752208 (9thCir. June 8, 2018), decision available here.Players: Decision by Judge Watford, joined by C.J. Thomas and Judge Rawlinson.    Big win for AFPDs Cullen Macbeth, Amy Cleary, Cristen Thayer, the D. Nevada FPD, and the entire Ninth Circuit Johnson brain trust.  Facts: Edling pleaded guilty to being a felon in possession of a gun. Id. at *1. Under USSG § 4B1.1(a), a “crime of violence” increased his guideline range. Id.   One prior at issue was robbery, under Nevada Revised Statutes § 200.380. Id. That statute prohibits taking personal property from the person of another, by – among other means – force, violence, or fear of injury against the person or property. Id. at *3.   The district court held that offense…

Top-Ten Recent SSRN Downloads in Criminal Law eJournal

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are here. The usual disclaimers apply. Rank Paper Downloads 1. Computer Crime Law (Introduction) Orin S. Kerr University of Southern California Gould School of Law Date Posted: 13 Apr 2018 [2nd last week] 446 2. The Consensus Myth in Criminal...

NYTimes: In Newark, Police Cameras, and the Internet, Watch You

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NYTimes: In Newark, Police Cameras, and the Internet, Watch You by By Rick Rojas: Surveillance cameras monitored by the police have become a ubiquitous presence in many cities. In Newark, anyone with internet access is allowed to watch. And a … Continue reading →

Federal Forfeiture is a Growing Criminal Enterprise

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Under the federal civil asset forfeiture law, the U.S. Government can seize a person’s home, car, money, or property if law enforcement suspects any of these assets were involved in criminal activity. The person from whom the assets are seized need not be charged, much less, convicted of a crime. That’s because civil asset forfeiture, unlike a criminal asset forfeiture, is not an action against the person, but is an in rem action against the property; in effect, the property is charged with criminal wrongdoing, not the individual.   The notion that property can be guilty of a crime arises from the Medieval idea known today as the “concept of deodand.” This doctrine can be traced back to Kings who could seize the instrument that caused a person’s death and sell it off to pay the deceased’s funeral costs. It was a superstitious belief that objects could act independently to cause someone’s death; therefore, the object, as well as its…

Special Reasonably Suspicious podcast: Conservative leaders promote #cjreform planks in Texas state GOP platform

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Want to better understand the reasons why prominent conservatives in Texas are embracing justice-reform policies? You won't find a better primer on conservative justice-reform principles than Just Liberty's special, hour-long podcast aimed at promoting #cjreform planks in the party platform at the 2018 Texas state GOP convention. Check it out:This special episode includes original music and interviews with:Dr. Derek Cohen, Director of Right on CrimeJohn Baucum, Chairman Emeritus, Texas Young Republican FederationCharles Blain, Executive Director of the Restore Justice Project, Empower TexansJason Isaac, President of the Conservative Coalition Research InstituteHeather Fazio, Campaign for Responsible Marijuana PolicyDavid Safavian, American Conservative Union FoundationEnjoy!

State v. Hummel and Inventory Searches

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An inventory search is a narrow exception to the Fourth Amendment warrant requirement.  This search occurs after a defendant is arrest, but before incarceration.  Briefly, the police are allowed to search the defendant/arrestee without a warrant and inventory the property in their possession.  The goals of this search are to protect the defendant’s property while s/he is being held; to protect law enforcement from false property claims; and to safeguard the police from danger.  These searches are administrative in nature, and frequently do not receive significant attention.  In State v. Hummel, the New Jersey Supreme Court recently provided guidance on what qualifies as a proper inventory search. Thomas Corbin was killed on December 5, 2010.  Two days later, law enforcement informed Lori Hummel that they wanted to take her to a police station for two outstanding traffic-related bench warrants.  She was then taken to the Gloucester County…

Court Disagrees on Criminal Possession of a Weapon Charge

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People v. B 2018 NY Slip Op 04032 June 7, 2018 Continue reading

How Do I Get My Fiancée a Visa in the U.S.?

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If you are a U.S. citizen and wish to bring a foreign fiancée to the U.S. in order to get married, you will need to complete and file Form I—129F, Petition for Alien Fiancé(e). This is the form that you must complete in order to get a K-1 nonimmigrant visa, also known as a fiancé(e) visa. In order for your fiancée to be eligible for this type of visa, you must intend to marry within 90 days of your fiancée entering the U.S. as a K-1 nonimmigrant. You also must be able to show proof that your intended marriage is legally valid, meaning that you and your fiancée have a bona fide intent to marry and establish a life together. You also must be able to show that your intended marriage is not for the sole purpose of obtaining an immigration benefit. Additionally, you and your fiancée both must be legally free to marry each other, meaning that you are not currently married to someone else and that any prior marriages have been…

General Manager of Anaheim Company Accused of Embezzlement

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On June 6, an executive at a company in Anaheim was arrested on suspicion of embezzlement that reportedly took place over the span of seven or more years. He is now facing several felony charges for the allegations. Jeffrey Joseph Lenhardt has been the general manager of Foam Plastics and Rubber Products in Anaheim since September of 1990. Twenty-four years later in November of 2014, another worker at the company allegedly found discrepancies that led to suspicion of Lenhardt’s activities when noticing a cash transaction that was not written in the business ledger. Lenhardt, who reportedly started his fraudulent behavior by offering customers off-the-books purchases of leftover pieces of materials from the shop that would have otherwise been refuse, is accused of accepting cash for the transactions without recording them. Continue reading →

WHAT IS “ABUSE” UNDER THE ILLINOIS DOMESTIC VIOLENCE ACT?

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You’ve just been served notice that your former partner or spouse is seeking an order of protection against you. They are claiming that you abused them. How is abuse defined, and what are your options? Under the Illinois Domestic Violence Act, abuse is defined as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.” If you have been served with notice of hearing on an order of protection, contact an experienced criminal law attorney immediately. Do not try to represent yourself. What you think of as a legitimate explanation might convince the judge that your accuser has reason to be afraid. The judge may rule against you based on what he or she perceives is a bad attitude or a failure to take responsibility. An experienced criminal law attorney can review your case for its possible defense. Were…

A Deep State Story: The James Wolfe Indictment

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Here is the Indictment returned late last week in U.S. v. James Wolfe. Wolfe worked for 30 years for the United States Senate Select Committee on Intelligence ("SSCI") handling top secret and other classified information provided by the Executive Branch...

Polavarapu on Carceral Feminism and Domestic Violence

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Aparna Polavarapu (University of South Carolina - School of Law) has posted Global Carceral Feminism and Domestic Violence: What the West Can Learn from Reconciliation in Uganda (Harvard Journal of Law and Gender, Forthcoming) on SSRN. Here is the abstract:...

Signature HealthCARE settles whistleblowers’ False Claims Act case for more than $30 million

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On June 8, the Department of Justice announced that Kentucky-based Signature HealthCARE, LLC, a skilled nursing facility company, had agreed to pay more than $30 million to resolve federal and state claims that the company defrauded the Medicare program. According to DOJ’s press release: Signature HealthCARE, LLC (Signature), a Louisville, Kentucky based company that owns and operates approximately 115 skilled nursing facilities, including 7 in middle Tennessee, has agreed to resolve allegations that it violated the False Claims Act by knowingly submitting false claims to Medicare for rehabilitation therapy services that were not reasonable, necessary and skilled, the Department of Justice announced today.  The settlement also resolves allegations that Signature submitted forged pre-admission certifications of patient need for skilled nursing to the state of Tennessee’s Medicaid program.  Under the settlement agreements, Signature has agreed to pay more…

What Is the Impact of a Violation of Order of Protection in Domestic Violence Cases?

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If you are dealing with a violation of order of protection in a domestic violence case, you likely have concerns about about the long-term effects of the situation. You may think that you can handle the situation alone or with a public defender. However, you may not have the knowledge necessary to fight for your rights in court. Moreover, a public defender often doesn’t have the time necessary to dedicate to your case. An experienced Phoenix criminal defense lawyer at the Law Office of Howard A. Snader, LLC can help. Call us today for a confidential case evaluation. What Is an Order of Protection? An order of protection is often called a protection order, injunction, or restraining order. These official documents are court orders that place restrictions on an individual’s movement and/or behavior. The court commonly uses them in domestic violence cases as well as cases that involve harassment, stalking, or sexual assault. If you have an order of…

Federal criminal charges for assault on an airplane

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Delayed flights, crowded airplanes, rude people, and stressful rides to the airport can make airline travel particularly stressful. Sometimes, rude flight attendants or passengers fueled by alcohol can cause tempers to flare, and physical fights sometimes erupt during the flight. These fights or disputes can result in federal criminal charges, as “the special maritime jurisdiction” of federal courts applies to airplanes coming into the United States or traveling across state lines. Federal assault charges can apply to any person who causes an offensive physical touching to another person on the airplane. Certainly, that can apply to physical violence, but it might also apply to unwanted sexual touching of another person as well. Assaulting another person on an airplane is normally a petty offense under federal criminal law, pursuant to 18 U.S.C. § 113(a)(5). (Those accused of sexually assaulting others on airplanes can also be prosecuted with the more serious…
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