Monday, February 11, 2013

Limited Service further Limited

Rolling updates for next week.  Aim is to have all decisions blurbed within a week of issue, so arguably still a useful resource for the world at large.  But very far from the daily rundown of months past.  Apologies, reading public.


Sixth Circuit -- USA v. Walter Johnson

For purposes of the sentencing predicate, a conviction for selling heroin resulting in death is sufficiently similar  to a conviction for selling heroin (not resulting in death).

USA v. Walter Johnson 

Sixth Circuit -- USA v. Nathan Lumbard

The consent of the victim is not a defense to Aggravated Identity Theft.

 Sentence not unreasonable.

USA v. Nathan Lumbard 

Sixth Circuit -- USA v. Michael Deen

Bar on lengthening sentence to achieve rehabilitative goals applies to resentencing after revocation of parole.

USA v. Michael Deen 

Sixth Circuit -- USA v. Sean Howley

Surreptitious cell phone photos met all the elements of trade secret theft.

Trade secret law not unduly vague.

Sentencing court should have considered economic loss -- remand.

USA v. Sean Howley 

Fifth Circuit -- USA v. Keith Kennedy, et al

No merger of wire fraud and money laundering charges, as the conduct was separated in time.

Willful ignorance jury instruction upheld.

No clear error in Batson proceeding.

No abuse of discretion in denying severance.

USA v. Keith Kennedy, et al

Fifth Circuit -- Tina Milton v. TDCJ

Oversensitivity to scent was not a disability under the ADA.

FMLA notice not timely received.

Tina Milton v. TDCJ

Fifth Circuit -- In Re: Christopher Sepulvado

As deft could have raised ineffective assistance claims on direct review, a prior holding that ineffective assistance on first collateral review might entitle a deft to federal Habeas review of ineffective assistance at trial doesn't apply.

In Re: Christopher Sepulvado
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.