B. Horne & R. Valladares, Cultural Issues in Fourth Amendment Motions, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 305 (2d ed. 2007).
F. Einesman, Cultural Issues in Motions to Suppress Statements, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 347 (2d ed. 2007).
J. Basinger, Selective Prosecution, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 405 (2d ed. 2007).
J. Basinger & W. Buckman, Racial Profiling, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 413 (2d ed. 2007).
J. Connell, Cultural Issues in Jury Selection, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 495 (2d ed. 2007).
R. McWhirter, Defending the Crime of Illegal Entry and Reentry, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 555 (2d ed. 2007).
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).
Nijhawan v. Attorney General, 523 F.3d 387 (3d Cir. May 2, 2008) (rejecting argument that loss must be established beyond a reasonable doubt by criminal court: "we should not raise an aspect of an immigration statute to the level of an element of a criminal offense, as the dissent urges, merely because requiring that it be a part of the conviction eases a courts decision-making process.")
Nijhawan v. Attorney General, 523 F.3d 387 (3d Cir. May 2, 2008) ("The Courts of Appeals have transplanted that categorical approach into the INA because of obvious similarities between the two inquiries. The plain language of the INA, like 924(e), mandates that the alien was "convicted" of the prior offense designated in the INA as an "aggravated felony." It is not sufficient for the BIA to
independently conclude that the alien "has committed" that prior offense.
United States v. Tapia-Romero, 523 F.3d 1125 (9th Cir. May 1, 2008) (cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of a defendant's term of imprisonment under 18 U.S.C. 3553(a) and 3582(a)).