Appeal

Domestic Terrorism: Sentencing Appeal in the Infamous D.C. Sniper Case

domestic terrorism

April brought us the bomber who terrorized Austin, Texas, for two weeks with random mail-bomb attacks. That type of domestic terrorism, however, is nothing new. Domestic Terrorism: The D.C. Sniper Case in 2002 Rewind to October 2002 in the Maryland-D.C.-Virginia area. As you may recall, the so-called D.C. Sniper terrorized that entire region for three…

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Aiding Illegal Immigrants: Law and Free Speech

Aiding Illegal Immigrants, Aid to Illegal Immigrants, Undocumented Immigrants

It seems logical that it is illegal to assist undocumented or illegal immigrants in entering the U.S. without following any of the immigration procedures. However, the question of an immigration consultant providing aid to an undocumented or illegal immigrant is a bit more complex. Does a prohibition on advising someone who resides in the U.S.…

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Impact of Deportation Proceedings on Federal Appeals

Deportation Proceedings

There are plenty of instances of a defendant in a federal criminal proceeding simultaneously facing deportation as an illegal immigrant. The situation gets a bit more complicated when a federal criminal defendant is out free on bond when he is detained by U.S. Immigration and Customs Enforcement for deportation proceedings. In United States v. Veloz-Alonso, the…

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Bridgegate Scandal Lingers On But Some Charges Dismissed

Bridgegate Scandal Image

The Third Circuit Court of Appeals recently dismissed two counts of civil rights violations against Bill Baroni, the former deputy executive director of the New Jersey Port Authority, and Bridget Anne Kelly, an ex-aide to former New Jersey Governor Chris Christie. They were both convicted of several charges based on their involvement in the infamous…

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Brett Kavanaugh On Crime

Brett Kavanaugh

Brett Kavanaugh Justice Anthony Kennedy recently announced his retirement from the Supreme Court. Except for death penalty cases, Kennedy rarely voted in favor of criminal defendants. He opposed Apprendi, Booker, Alleyne and many other “seminal” criminal procedure cases handed down by the Court. Thus, while some oppose President Trump’s nomination of Brett Kavanaugh to the…

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Certiorari Granted By Supreme Court In Three New Criminal Appeals

certiorari

The U.S. Supreme Court on Friday granted certiorari in three new criminal cases. Certiorari is a latin term that is most commonly associated with a writ of certiorari, a discretionary order issued by the Supreme Court when it agrees to review a lower court’s decision. A writ of certiorari will not issue unless four Justices agree to hear a…

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Elements of Attempted Illegal Reentry After Deportation

attempted illegal re-entry

  8 USC 1326 makes it illegal for any alien to reenter the United States after being deported. In order to be found guilty, a person must have the intention to reenter the United States and do so free from official restraint.   Illegal Reentry After Deportation   In United States v. Vazquez-Hernandez, defendant Rosario Vazquez-Hernandez…

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