Here the defendant, Toby Begay, a convicted sex offender, appealed the district court’s modification of the conditions of his supervised release to include clinical polygraph testing. Title 18 U.S.C. § 3583(e)(2) sets forth the conditions and procedures under which a district court may modify conditions of supervised release. Begay argued ...
For the second time in less than three months, the Ninth Circuit has reversed a child pornography conviction that was initiated by Agent Robin Andrews of the FBI’s Tucson, AZ who apparently spends her entire working days trolling the Internet looking for people who download child pornography.
In the instant ...
Here Judge Scheindlin held that the Government, when responding to a FOIA request for electronically stored information, must provide the requester with the accompanying “metadata” and “load files” that make that data both searchable and usable.
This is an important Freedom of Information Act (FOIA) opinion in which Judge Scheindlin ...
Here the Court affirmed the suppression of evidence of a gun found in an apartment, holding that the "knock and talk" search employed in this case was pretextual in nature and “cannot be characterized” as a legitimate protective sweep.
This decision is noted for its discussion of the history and ...
Here the Court reversed both a conviction and sentence for receipt of child pornography after finding, sua sponte, that the defendant was not adequately informed of the nature of the charges against him as required by Rule 11(b)(1)(G) of the Fed.R.Crim.P.
This is an unusual and potentially important child pornography ...
A 5-5 vote by the 2nd Circuit lets stand a precedent-setting decision rejecting corporate (as opposed to natural person's) liabiliity in U.S. courts under the Alien Tort Statute, 28 U.S.C. §1350, for violations of international law in foreign countries.
In Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111 (2d ...