Trafficking in certain motor vehicles or motor vehicle parts, or operating a chop shop, is a Federal offense under 18 U.S.C. § 2321 and 18 U.S.C. § 2322, respectively: 18 U.S.C. § 2321 provides as follows: (a) Whoever buys, receives, possesses, or obtains control of, with intent to sell or otherwise dispose of, a motor vehicle or motor vehicle part, knowing that an identification number for such motor vehicle or part has been removed, obliterated, tampered with, or altered, shall … Continued
Federal Stolen Motor Vehicle and Chop Shop Charges
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Top-Ten Recent SSRN Downloads in Criminal Procedure eJournal
are here. The usual disclaimers apply. Rank Downloads Paper Title 1 519 The Extraordinary Trajectory of Griffin v. California: The Aftermath of Playing Fifty Years of Scrabble with the Fifth Amendment James J. Duane Regent University - School of Law...
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Of war, insufficient due process, and peace activists
Peace demonstrator Concepcion Picciotto passed away on January 25. She may hold the national record for the longest political demonstration, having had few interruptions in sitting across the White House daily with her pro-peace signs and leaflets, until she more recently found people to help her keep the peace vigil running as a result of curtailing her visits after an accident. Had her vigil cohort William Thomas (who wanted to be called Thomas) lived beyond his 2009 passing, he might have shared or took over that distinction Having regularly passed them many times in 1988 to 1991 walking to and from my first law firm two blocks and seemingly worlds away from their vigil, I spoke with Thomas and Concepcion various times. I do not know how effective their efforts were, except that having a daily peace protest there probably advanced their cause more than if the vigil had never been there. Over the decades, numerous other demonstrators came to Lafayette Park for…
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The Meaning Of Job
My father tells the story of his return from Europe at the end of World War II. My grandfather gave him a hearty handshake and told him he was welcome to stay with him for at least a week, after which it was time to find a home of his own. The week was to give my father the chance to find a job. He returned from Germany a grown man, having done as his country asked of him and his beliefs demanded, and it was now time to rejoin civil society as a responsible adult. The meant he had to work, earn a living, support himself and establish his life. He appreciated his father’s generosity of a week’s cover. A lawyer friend of mine, whose name I won’t reveal because he asked me not to, forwarded an email to me sent by his former associate. She came recommended by her law school placement office as smart and interested in his niche practice area. He interviewed her and concurred. He gave her a job. Her first job. She was awful. It wasn’t for…
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The Parsimonious Judge Jack Weinstein
The opinion is 98 pages. I didn’t download it. I didn’t read it. It will be reversed, as it was last time. But EDNY Senior Judge Jack Weinstein isn’t going to let that stop him from applying the parsimony clause of 18 U.S.C. § 3553(a), which provides: The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The emphasis is mine. And Judge Weinstein’s. The Second Circuit can try its best to smack Judge Weinstein for his refusal to impose a sentence that meets their demands of harshness, but they can’t touch him. He’s got life tenure, and he’ll never be tapped for the Supreme Court. If you think a 98-page decision is long, it’s way shorter than the 400-page decision he issued last time, plus a 9-page rejoinder to the circuit’s reversal. After the last reversal, the question was raised whether…
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Seventh Circuit affirms summary judgment against whistleblowers in declined DOD fraud case
On December 11, 2015, the Court of Appeals for the Seventh Circuit, in U.S. ex rel. Marshall, et al. v. Woodward, Inc., affirmed a grant of summary judgment against two whistleblowers who claimed that their former employer submitted false claims for a part used in Army helicopters, and fired them in retaliation for complaining about it. One of the relators had been tasked with investigating a leak occurring within one weld of the part, a temperature sensor that the company supplies to General Electric for incorporation in fuel flow regulators in Apache and Blackhawk engines. She concluded, as a result of her investigation, that the part’s dimensions were incorrect, that the company’s methods for welding the joint were faulty, and that it should be x-rayed but was not. The company investigated her concerns, and dismissed them, instructing her and the other relators to continue working on the parts. The relators persisted in their objections, despite additional…
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NTSB Seeks to Lower National BAC Limit for Drunk Driving Laws
The National Transportation Safety Board (NTSB) is proposing lowering the blood alcohol content (BAC) from 0.08 grams of ethanol (drinking alcohol) per hundred milliliters of blood to 0.05. While this may not seem like a significant reduction, it is very significant, according to a recent news article from Fox News. There have been many studies on how alcohol affects the human body and how intoxication affects one’s ability to safely drive a motor vehicle in a manner as to avoid a serious drunk driving accident. The vast majority have been conducted by the National Highway Traffic Safety Administration (NHTSA) since significant research efforts into the dangers of drunk driving began in the 1970s. In addition to NHTSA (pronounced “Nit-Sa”), the United States Centers for Disease Control (CDC) have also conducted significant research on the effects on one’s ability to drive at varying levels of intoxication. As a general standard, the agency used a…
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5 Dinge, die Dir Dein Korrektor schon immer sagen wollte
Sobald man in den Genuss kommt, Strafrechtsklausuren der Erst- bis Drittsemester korrigieren zu dürfen, lohnt sich für den Korrektor durchaus eine Zahnzusatzversicherung – zukünftig wird man öfter in die Tischplatte beißen, als einem lieb ist. 1. Der Korrektor ist ein launisches Tier. Tue ihm also ein paar kleine Gefallen. Er wird Dich dafür sogar ein bisschen mögen – Versprochen! Schreib‘ leserlich. Ganz ehrlich – Korrektoren werden zu schlecht entlohnt, als dass sie Zeit hätten, in jedem zweiten Satz „Wörterraten“ zu spielen. Lerne Definitionen so sicher auswendig, dass Du in der Klausur keinen Blödsinn schreibst. („Eine bewegliche Sache, ist ein Ding, das man bewegen kann.“ lässt grüßen.) Korrektoren haben eine heimliche Leidenschaft für schöne, präzise Obersätze. Am Anfang einer Klausur solltest Du unter jede deiner – bitte…
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Find the Best Auto Accident Attorneys in Baltimore
You’ve been hurt in an accident, whether it’s a car, truck, motorcycle or you were on a bicycle walking as a pedestrian. Accidents are common in Maryland and if you were injured in an auto accident in Baltimore, then you will want to speak with a lawyer as soon as possible. Auto accidents happen everyday in Maryland, and some figures put that number at 400-500 accidents a day. Many accidents go unreported, which can prove to be damaging to the injured parties. If you have been involved in an accident, you should report the auto accident to the police as soon after the accident as possible, preferably at the scene of the accident. Auto Accident Lawyers in Baltimore Baltimore has some of the busiest streets in the county and whether you are in the city or driving through one of the counties that surrounds Baltimore, an auto accident should be taken seriously. Many individuals that have been injured in an auto accident don’t take the…
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Broward Marijuana Citation Program to Launch
Broward County leaders are pressing ahead with lesser penalties for marijuana possession, plunking down $175,000 to launch a civil citation program and hire a coordinator who will steer it. Previously, arrests for marijuana possession in Fort Lauderdale resulted in a misdemeanor charge, punishable by up to one year in prison. Now, anyone caught with less than 20 grams of the drug (or its derivatives, such as hashish) may instead receive a civil citation. Twenty grams is about 3/4 of an ounce. The fine schedule is $100 for the first ticket and $250 for the second and $500 for the third. A person who receives a citation would have the option to instead opt to do community service, successfully complete a drug treatment program or appeal, as opposed to paying the fine. This is all good news, but bear in mind: Police and sheriff’s deputies are still going to have discretion as far as whether a person is arrested or receives a citation, so arrest and criminal…
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Too Much of a Good Thing
Jacob E. Gersen & Matthew C. Stephenson, Over-Accountability, 6 Journal of Legal Analysis 185 (2014). Mila Sohoni Many an administrative law article ends with a simple and appealing recommendation: “just add accountability!” Accountability, along with institutional expertise and democratic legitimacy, is one of the key yardsticks that frames evaluations of the legal rules and institutions of the regulatory state. Why might judicial deference to agency interpretations of statutes be desirable? Because agencies are more politically accountable than courts. Why might privatization be worrisome? Because corporations are less accountable than agencies. Accountability, like motherhood and apple pie, is something we can all safely get behind. Or is it? In Over-Accountability, Jacob Gersen and Matthew Stephenson look at the downsides of augmenting the accountability of political institutions. Lots of ways exist to add accountability to governmental decision-making:…
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The Rest Of Your Unnatural Life
Philosophical arguments about the virtue of sentences tend to be fruitless efforts, as everyone gets bogged down in their own bias. We keep insisting our bias is right, and never make much headway against the other guy’s bias, who is simultaneously trying desperately to get us to see why his bias is right. It’s a waste of time. But Jennifer Lackey, a Northwestern philosophy prof, does a remarkably good job at giving some hard reasons why a sentence of imprisonment “for the rest of your natural life” is a really bad idea. Life without parole, as Jeff Gamso calls it, is the slow death sentence. And, unlike the fast death penalty (which isn’t really fast), a sentence of life without possibility of parole is meted out without the fanfare of a good execution, so it often escapes notice and scrutiny. Many types of arguments have been leveled against natural life sentences. Economic ones focus on the ballooning costs of mass incarceration and…
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DaytonDUI Free Texting Service – New & Improved
Over the years we have provided you with a free text-alert service, advising you of OVI checkpoints in and around the Miami Valley. This service has been a major success, so much so that our current platform has to be upgraded in a big way. Sooooo... Starting February 1st, you can text "DaytonDUI" (one word) to 313131 and get your free texts. We will give you updated information on OVI checkpoints and law enforcement initiatives in Clark, Greene, Miami, Montgomery and adjacent counties. This new and improved service requires us to have you sign up one more time. Hopefully this new platform will serve us for a long, long time. Sooooo... Sign up today. Just text "DaytonDUI" to 313131 to stay informed. Remember, to get your free texts you have to sign up again!
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If You Have Nothing To Hide
Trigger Warning: Schadenfreude ahead. Anonymous hacked the Fraternal Order of Police. Tell me there isn’t a smirk on your face. The dump is being offered online by CTHULHU, who says he’s in the UK and, well, isn’t particularly concerned about the fury of irate cops. Today I released some files from the Fraternal Order of Police, allegedly the largest union-type body in the US representing sworn-in police officers. Since then, many groups have shared it over social media and other means, for which I thank all who have donated their bandwidth to seed the files over the torrent. I haven’t downloaded the dump, nor read it, nor really given a damn about what it offers. Others will sift through it, and if there is anything in there that comes as a surprise, it will no doubt be subject to huge scrutiny and criticism. Given the reaction by some cops, it’s likely that there will be stuff in there to bring a twinkle to someone’s…
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Inhale Much easier with New University Investigate Newspapers Making Tips
Research papers composing is a common dilemma together with a pain of an incredible number of trainees from across the globe. Naturally, it is simple to state that you need to choose a subject matter, prepare the newspaper body system in accordance with the description, produce the guide and bottom line, bla-bla-bla… But exactly how do you achieve this perfect? What material should really be outlined? The definition of faults to prevent yourself from? How does one jot down university or college research papers to reach all tutor’s criteria? Let’s get cracking looking for the answers to all the questions or even depend all this trouble to buyessay. Essential “To Do List” in Homework Pieces of paper Composing It might seem bland, and you should certainly commit plenty of time to making and formulating your higher education homework newspapers. For example, if it is necessary to compose a 20-article report, you must leave behind a minimum of one…
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Registered Jacksonville sex offender runs after being handcuffed
A Jacksonville man who is a registered sex offender is on the run, possibly still handcuffed. According to a report in the Florida Times Union, the man was at the Jacksonville Re-Entry Center trying to register as required by Florida law and the police discovered that he had failed to register sometime in the past. Police arrested and handcuffed the man before letting him go to the restroom. The man allegedly jumped out of the bathroom window and is still at large. He was required to register because he had been convicted of Lewd or Lascivious Battery in Duval County. There are now two sex crime warrants outstanding for the man. In Jacksonville and all over the State of Florida, convicted sex offenders and predators must submit all of their information to a registry. Of all crimes, sex crimes are the only ones that will follow you visibly in the community for the rest of your life. If you are adjudicated guilty or receive a withhold of…
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Gabay on Johnson v US and Second or Successive Collateral Motions
Thomas H. Gabay has posted Using Johnson v. United States to Reframe Retroactivity for Second or Successive Collateral Motions (Fordham Law Review, Forthcoming) on SSRN. Here is the abstract: The Armed Career Criminal Act (the “ACCA”) provides a mandatory minimum...
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Body Cameras and the Mosaic Theory of the Fourth Amendment
Many law enforcement officers, including those in five of North Carolina’s six largest cities, are or soon will be wearing body cameras. The prevailing view is that the use of such cameras doesn’t constitute a Fourth Amendment search because the cameras record only what an officer is already able to see. This post considers whether the increasing adoption of body cameras and other data-collection technologies could eventually result in body camera recordings being considered searches under the so-called mosaic theory of the Fourth Amendment. The prevailing view. There aren’t many cases about body cameras specifically, but law enforcement officers have been using cameras to record still images and videos for decades. Courts generally have ruled that when an officer uses a camera to record something that is already visible to the officer, the recording does not interfere with a privacy or a possessory interest, and so does not implicate the Fourth Amendment.…
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Notable new parallel studies on comparable execution patterns in two notable states
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Supreme Court Says No to Florida’s Death Penalty Law
In many states, the death penalty decision is left to the jury and not to the trial judge. Because of this, Florida’s death penalty law has now been declared unconstitutional by the Supreme Court.The US Supreme Court stated that aggravating circumstances must be taken into account before reaching such a verdict and a jury should do this. This is also supported by the 6th Amendment that states that a jury and not a judge is necessary to impose a sentence of death. Just a mere recommendation to the trial judge is not adequate, wrote Sonia Sotomayor for the US supreme courts 8-1 majority.This ruling must be of some relief to Timothy Lee Hurst, who was convicted nearly 28 years ago for the death of a co-worker. Now his case goes back to the lower courts where it will be decided whether he will live or not. Time is in favor of Timothy Lee- so many years have passed that emotions of the victim’s family have subsided. However, no matter what the jury decides in his case,…
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