Friday, January 25, 2013

Limited Service continues

Some in-depth, some headlines.  Next update Monday PM, if the crick don't rise.


Federal Circuit -- HALL V BED BATH



DC Circuit -- USA v. David Duvall

Crack/cocaine sentencing under plea deal not required to be revisited.

USA v. David Duvall

DC Circuit -- USA v. Kevin Ring

Lawful campaign contributions more probative than prejudicial.

No explicit quid pro quo required for Honest Services.

Expediting visa application sufficient consideration for illegal gratuity statute.

USA v. Kevin Ring

DC Circuit -- A. Farouki v. Petra Intl Banking Corp.

Ongoing loan collection efforts do not toll the statute of limitations.

A. Farouki v. Petra Intl Banking Corp.

DC Circuit -- Noel Canning v. NLRB

NLRB recess appointments TKO'd.  Big news.  MB looks forward to reading this one.

Noel Canning v. NLRB

DC Circuit -- American Petroleum Institute v. EPA

Congressional directive to promote new technology doesn't mean that agency can make overly optimistic predictions.

American Petroleum Institute v. EPA

Eleventh Circuit -- USA v. Michael Jimenez

Misappropriation of funds conviction reversed - gov't agency purchasing book written by the spouse of an employee of the agency doesn't suffice.

USA v. Michael Jimenez

Eleventh Circuit -- Mark F. Bailey, et al. v. ERG Enterprises, LP, et al.

Mortgage note venue selection only binds obligors on the note.

Bank fraud claims too distant from the transaction to be governed by forum selection terms. No equitable estoppel as the bank's involvement was ex ante and at most a but/for cause of the transaction.  Insufficient concert for the estoppel claim.

Mark F. Bailey, et al. v. ERG Enterprises, LP, et al.

Tenth Circuit -- United States v. Smith

Dismissal without prejudice of mistried counts upheld, despite Speedy Trial Act -- Deft argued that 5A rights as to sentencing factors on the un-mistried counts were imperiled, but this comes from the retrial itself, not the violation of the Speedy Trial Act.

No error in including transactions not in the indictment in the Fraud sentencing.

United States v. Smith

Eighth Circuit -- Sean Deckard v. Interstate Bakeries Corp.

No error in denying claim that worker did not receive COBRA notices, as no prejudice.  No fees, either.

Dissent: Yes and yes.

Sean Deckard v. Interstate Bakeries Corp.

Fourth Circuit -- Kamal Patel v. Janet Napolitano

Chevron deference to BIA holding that one cannot become a national by simply showing permanent allegiance.  Birth or naturalization only.

Kamal Patel v. Janet Napolitano

Fourth Circuit -- In Re: 2703(d) Application

No statutory or common-law right to access 2703(d) orders in a pending investigation.

Concurrence: No common law right at all.

In Re: 2703(d) Application

Fourth Circuit -- Aaron Tobey v. Terri Jones

If you arrest someone at airport screening who has the Fourth Amendment written on his chest, no Qualified Immunity on the First Amendment claim.

Dissent: No one told the dude to take his clothes off.

Aaron Tobey v. Terri Jones 

Fourth Circuit -- John Merzbacher v. Bobby Shearin

Habeas denied, as state court determination that Petitioner might not have accepted plea deal at center of Ineffective Assistance claim was not unreasonable.  Also, offer was too nascent and ill-defined.

John Merzbacher v. Bobby Shearin

Second Circuit -- In re Payne

Public reprimand of solo with Immigration practice.

In re Payne

First Circuit -- US v. Rivera-Orta

Appeal waiver upheld given good colloquy.

Ineffective Assistance shouldn't be raised on direct appeal.

 US v. Rivera-Orta 
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.