Updates to criminal defense

AGGRAVATED FELONY - DRUG TRAFFICKING - IDENTIFICATION OF DRUG CONTROLLED SUBSTANCES - IDENTIFICATION OF DRUG

More Drugs Apparently Not Listed on Federal Schedules: Difenoxin (CA- Schedule I; 11054(b)(15)), Propiram (CA-Schedule I; 11054(b)(41)), Tilidine (CA-Schedule I; 11054(b)(43)), Drotebanol (CA-Schedule I; 11054(c)(9)), Alfentany (CA-Schedule II; 11055(c)(1)), Bulk dextropropoxyphene (CA- Schedule II; 11055(c)(5)), and Sufentanyl (CA-Schedule II; 11055(c)(25)).
Thanks to Lisa Weissman-Ward.

jurisdiction: 
Other

INADMISSIBILITY - ADMISSIONS OF CONDUCT

Garcia-Lopez v. Ashcroft, 334 F.3d 840 n.4 (9th Cir. June 26, 2003) (respondent's representative cannot in proceedings concede a conviction that is not a conviction: "The INS also contends that Garcia-Lopez "admitted" that he was convicted of a felony because, in support of the initial application, Garcia-Lopez's accredited representative stated that Garcia-Lopez had received a felony sentence. As an initial matter, the representative's statement was patently inaccurate, as Garcia-Lopez was never actually sentenced.

jurisdiction: 
Ninth Circuit

JUVENILE - CAN MINORS MAKE FALSE CLAIMS TO US CITIZENSHIP?

"Children Lack Capacity to Make False Claims or Misrepresentations, IJ Holds," 83 Interpreter Releases 775-776 (April 24, 2006).

jurisdiction: 
Other

ALFORD PLEA

United States v. Tunning, 69 F.3d 107 (6th Cir. 1995) (''Alford'' plea refers to defendant who pleads guilty but maintains that he is innocent).

jurisdiction: 
Sixth Circuit

ILLEGAL RE-ENTRY - STATUTE OF LIMITATIONS

United States v. Gunera, __ F.3d __, 2007 WL 456732 (5th Cir. Feb. 13, 2007) (where the defendant was "found" in the United States more than five years following the defendants unlawful re-entry, indictment was barred by statute of limitations).

jurisdiction: 
Fifth Circuit

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