Eleventh Circuit -- USA v. Louis Jean Hippolyte

Denial of resentencing for crack/cocaine, as the FSA changes to the mandatory minimums under which deft was sentenced aren't retroactive.

USA v. Louis Jean Hippolyte

Eleventh Circuit -- Mr. Julien Michel Belleri v. USA, et al.

Where citizenship is jurisdictional element of claim, revocation during pendency of suit requires assessment of potential claim to derivative citizenship where tenable.

Mr. Julien Michel Belleri v. USA, et al.

Eleventh Circuit -- Chadrick Calvin Cole v. U.S. Attorney General

Juvenile conviction counts for immigration purposes.

Pointing a gun is an aggravated felony for immigration purposes.

No error in BIA denial of relief.

Chadrick Calvin Cole v. U.S. Attorney General

Ninth Circuit -- USA V. EDGAR ALVIREZ, JR.

Indian tribes cannot produce documents that are self-authenticating by statute.

Deft not harmed by having to avoid multiple interrogation defense for fear of reference to otherwise inadmissible polygraph.

Injury to ankle requiring screws is serious bodily injury for purposes of sentencing.

USA V. EDGAR ALVIREZ, JR.

Ninth Circuit -- ASIL MASHIRI V. DEPARTMENT OF EDUCATION

Neither Mandamus statute nor sue-or-be-sued provision of organic act allows Mandamus action to compel issuance of a student loan, as the petitioner didn't establish a statutory right to the remedy.  (Which would have allowed a bypass of sovereign immunity.)

ASIL MASHIRI V. DEPARTMENT OF EDUCATION

Ninth Circuit -- SILVA MAMIGONIAN V. MICHAEL BIGGS

Website qualifies for ISP safe-harbor under DMCA.

SILVA MAMIGONIAN V. MICHAEL BIGGS

Ninth Circuit -- SILVA MAMIGONIAN V. MICHAEL BIGGS

Habeas grant in Capital case -- Brady/Giglio on prosecution witness' prior bad acts.

Kozinski concurs with his own opinion, holding confession inadmissable under Miranda.

SILVA MAMIGONIAN V. MICHAEL BIGGS

Ninth Circuit -- SILVA MAMIGONIAN V. MICHAEL BIGGS

District Court jurisdiction-strip for immigration by REAL-ID act upheld.  But denial of adjustment of status (or something along those lines) is a final agency action and therefore reviewable under the APA.

SILVA MAMIGONIAN V. MICHAEL BIGGS

Eighth Circuit -- United States v. Martin Wilson

Thus spake the Clerk of the Court:  

[PUBLISHED] [Shepherd, Author, with Wollman and Gruender, Circuit Judges]
Criminal case - Sentencing. District court articulated sufficient justifications for the imposition of a no-contact provision in defendant's supervised release; any error in extending the no-contact order to cover defendant's term of imprisonment was harmless as there was no evidence that the order had any impact on defendant during his now-completed prison sentence.

United States v. Martin Wilson

Eighth Circuit -- Edgarline Dunbar v. Wells Fargo Bank, N.A.

 Le Court dit:

[PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Civil case. Dismissal for failure to state a claim affirmed on the basis of this court's prior opinions in Karnatcheva v. J.P. Morgan, 704 F.3d 545 (8th Cir. 2013) and Murphy v. Aurora Loan Servs, LLC 699 F.3d 1027 (8th Cir. 2011); district court was well within its discretion to impose sanctions where plaintiff's counsel engaged in fraudulent joinder to avoid federal jurisdiction and filed a complaint "blatantly premised on the show-me-the-note theory'" previously rejected by this court and the Minnesota Supreme Court.

Edgarline Dunbar v. Wells Fargo Bank, N.A.

Eighth Circuit -- Aaron Deroo v. United States

Court Summary:

PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Prisoner case - habeas. Government's argument that this case should have been dismissed as a second or successive habeas is rejected because the present claim had not arisen when the earlier Section 2255 was filed; while it had arisen when Deroo filed a Section 2241 with the Seventh Circuit, a Section 2255 motion is not a second or successive application where the previous petition sought relief under Section 2241; however, Deroo could have discovered the claim that his Presentence Report was erroneous years before he filed this motion, and the district court did not err in concluding it was untimely; Deroo failed to establish the elements of equitable tolling.


Aaron Deroo v. United States

Eighth Circuit -- Thomas Morelos v. United States

Also sprach the Court clerk:

[PUBLISHED] [Bye, Author, with Murphy and Shepherd, Circuit Judges]
Prisoner case - habeas. Claim that trial counsel was ineffective regarding impeachment and cross-examination rejected; claim of ineffective assistance during closing argument is based on an inaccurate statement of the government's burden at trial and is rejected; any argument that the government did not prove the type of methamphetamine involved in the offense is meritless and counsel could not be ineffective in deciding not to raise the issue; court concludes that counsel's decision not to independently withdraw over the fact that he had prosecuted Morales in state court was within the range of professional assistance; nor was counsel's decision not to withdraw over the suspensions of his licenses in Nebraska and South Dakota beyond the range of professional assistance; because all of Morales's grounds for his claims of ineffective assistance of trial counsel are unavailing, he cannot show that he suffered any prejudice from the manner in which counsel handled his direct appeal; claims of prosecutorial misconduct rejected without comment.

Thomas Morelos v. United States

Seventh Circuit -- USA v. Anthony Banas

Below-guidelines white collar sentence upheld.

USA v.   Anthony Banas

Sixth Circuit -- John B. v. Mark Emkes

Ending of consent decree which federalized aspects of state's Medicaid program upheld.

John B. v. Mark Emkes 

Sixth Circuit -- USA v. Kwame Williams

Deft's giving false name to magistrate judge at preliminary proceeding was not material to any substantive issue, so the Obstruction sentencing bump was error.

USA v. Kwame Williams 

Fourth Circuit -- Georgia Pacific Consumer v. von Drehle Corporation

District court should not have allowed amendment of claim to include preclusion affirmative defense, as the other case was decided 16 months before the motion.  Not revived by intervening case.  Error for court to consider sua sponte.

Georgia Pacific Consumer v. von Drehle Corporation

Third Circuit -- USA v. Billy Reynolds

Attorney General's rule on offender registration could not survive even the most deferential review.

Agency's perception of urgency is insufficient standing alone to justify agency's invocation of good cause to avoid notice & comment.

USA v. Billy Reynolds

Third Circuit -- Tamika Covington v. Int'l Assoc Approved Basketba

Title VII dismissal reversed -- female referee challenging all-male policy.

Insufficient agency to state claim against athletic conference and supervening basketball officials union.

Tamika Covington v. Int'l Assoc Approved Basketba

First Circuit -- In Re: Bulger

Mandamus to remove judge in RICO case who worked as prosecutor during time of the alleged offenses.  Standard: no reasonable reading of the record supports judge's refusal to recuse self.

In Re: Bulger