Updates to criminal defense

CRIMINAL DEFENSE - SPECIAL PROCEEDINGS - EXTRADITION

Manta v. Chertoff, 518 F.3d 1134 (9th Cir. Mar. 11, 2008) (evidence of defendant's misconduct in Greece, alleged in support of request by the Greek government for her extradition from the United States, held sufficient to support inference of fraudulent intent, sufficient for conduct to be criminal under United States law and to satisfy "dual criminality" requirement of extradition treaty between United States and Greece).

jurisdiction: 
Ninth Circuit

CRIMINAL DEFENSE - IMMIGRATION OFFENSES

R. McWhirter, Defending the Crime of Illegal Entry and Reentry, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 555 (2d ed. 2007).

jurisdiction: 
Other

IMMIGRATION OFFENSES -- ALIEN SMUGGLING - NO EVIDENCE OF INTENT TO HARM

United States v. Torres-Flores, __ F.3d __ (9th Cir. Sept. 4, 2007) (defendant not eligible for sentencing enhancement for creating substantial risk of death or serious bodily injury where defendant transported alien in makeshift compartment in rear part of truck cab, which only presented an incremental increase in risk).

jurisdiction: 
Ninth Circuit

IMMIGRATION OFFENSES - ILLEGAL REENTRY - SENTENCE - UPWARD DEPARTURE NOT ABUSE OF DISCRETION

United States v. Solis-Bermudez, 501 F.3d 882 (8th Cir. Sept. 13, 2007) (district court did not abuse discretion in varying upward from sentencing guidelines and imposing 60 month non-guidelines sentence for illegal re-entry following conviction of an aggravated felony; "In the wake of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences to determine whether the district court abused its discretion by imposing an unreasonable sentence on the defendant. United States v. Haack, 403 F.3d 997, 1003 (8th Cir.), cert.

jurisdiction: 
Eighth Circuit

IMMIGRATION OFFENSES -- ALIEN SMUGGLING - NO EVIDENCE OF INTENT TO HARM

United States v. Torres-Flores, __ F.3d __ (9th Cir. Sept. 4, 2007) (defendant not eligible for sentencing enhancement for creating substantial risk of death or serious bodily injury where defendant transported alien in makeshift compartment in rear part of truck cab, which only presented an incremental increase in risk).

jurisdiction: 
0

IMMIGRATION OFFENSES -- ALIEN SMUGGLING - NO EVIDENCE OF INTENT TO HARM

United States v. Torres-Flores, __ F.3d __ (9th Cir. Sept. 4, 2007) (defendant not eligible for sentencing enhancement for creating substantial risk of death or serious bodily injury where defendant transported alien in makeshift compartment in rear part of truck cab, which only presented an incremental increase in risk).

jurisdiction: 
Ninth Circuit

IMMIGRATION OFFENSES - ILLEGAL REENTRY - SENTENCE - UPWARD DEPARTURE NOT ABUSE OF DISCRETION

United States v. Solis-Bermudez, 501 F.3d 882 (8th Cir. Sept. 13, 2007) (district court did not abuse discretion in varying upward from sentencing guidelines and imposing 60 month non-guidelines sentence for illegal re-entry following conviction of an aggravated felony; "In the wake of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences to determine whether the district court abused its discretion by imposing an unreasonable sentence on the defendant. United States v. Haack, 403 F.3d 997, 1003 (8th Cir.), cert.

jurisdiction: 
Eighth Circuit

IMMIGRATION OFFENSES -- ALIEN SMUGGLING - NO EVIDENCE OF INTENT TO HARM

United States v. Torres-Flores, __ F.3d __ (9th Cir. Sept. 4, 2007) (defendant not eligible for sentencing enhancement for creating substantial risk of death or serious bodily injury where defendant transported alien in makeshift compartment in rear part of truck cab, which only presented an incremental increase in risk).

jurisdiction: 
Ninth Circuit

IMMIGRATION OFFENSES - ILLEGAL REENTRY - SENTENCE - UPWARD DEPARTURE NOT ABUSE OF DISCRETION

United States v. Solis-Bermudez, 501 F.3d 882 (8th Cir. Sept. 13, 2007) (district court did not abuse discretion in varying upward from sentencing guidelines and imposing 60 month non-guidelines sentence for illegal re-entry following conviction of an aggravated felony; "In the wake of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), we review sentences to determine whether the district court abused its discretion by imposing an unreasonable sentence on the defendant. United States v. Haack, 403 F.3d 997, 1003 (8th Cir.), cert.

jurisdiction: 
Eighth Circuit

IMMIGRATION OFFENSES -- ALIEN SMUGGLING - NO EVIDENCE OF INTENT TO HARM

United States v. Torres-Flores, __ F.3d __ (9th Cir. Sept. 4, 2007) (defendant not eligible for sentencing enhancement for creating substantial risk of death or serious bodily injury where defendant transported alien in makeshift compartment in rear part of truck cab, which only presented an incremental increase in risk).

jurisdiction: 
Ninth Circuit

Archives

Sep 2010

Categories

Tags