Updates to criminal defense

CRIMINAL DEFENSE - LITIGATION

B. Horne & R. Valladares, Cultural Issues in Fourth Amendment Motions, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 305 (2d ed. 2007).

jurisdiction: 
Other

CRIMINAL DEFENSE - LITIGATION

F. Einesman, Cultural Issues in Motions to Suppress Statements, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 347 (2d ed. 2007).

jurisdiction: 
Other

CRIMINAL DEFENSE - LITIGATION

J. Basinger, Selective Prosecution, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 405 (2d ed. 2007).

jurisdiction: 
Other

CRIMINAL DEFENSE - LITIGATION

J. Basinger & W. Buckman, Racial Profiling, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 413 (2d ed. 2007).

jurisdiction: 
0

CRIMINAL DEFENSE - LITIGATION

J. Connell, Cultural Issues in Jury Selection, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 495 (2d ed. 2007).

jurisdiction: 
Other

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

AGGRAVATED FELONY - FRAUD - LOSS TO THE VICTIM

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.")

jurisdiction: 
Third Circuit

CATEGORICAL ANALYSIS - IMMIGRATION VS. SENTENCING

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.

jurisdiction: 
Third Circuit

SENTENCE - COST OF IMPRISONMENT TO SOCIETY NOT A PROPER FACTOR IN ASSESSING REASONABLENESS OF SENTENCE

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)).

jurisdiction: 
Ninth Circuit

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