Loaded on
May 15, 2017
published in Punch and Jurists
May 15, 2017
In this mortgage fraud case, the Court held that that lender negligence is not admissible as a defense in a case of criminal mortgage fraud and the defendant was not thereby denied the opportunity to present a complete defense.
In this mortgage fraud case arising out of the financial markets’ ...
Loaded on
May 15, 2017
published in Punch and Jurists
May 15, 2017
The Defendant in this case, Miguel Bustamante-Conchas, was indicted on two drug distribution charges and a charge of possession of a firearm during and in relation to a drug-trafficking crime. He was convicted by a jury of both drug charges, but the district court dismissed the gun charge at the ...
Loaded on
May 15, 2017
published in Punch and Jurists
May 15, 2017
If any reader wants to understand some the many evils of a typical, Federal drug conspiracy prosecution, then this decision by Judge Friedland is a good decision to read. It shows how heavily overburdened Federal district judges (here Magistrate Judge Bridget S. Bade, Magistrate Judge Steven Logan and Senior Judge ...
Loaded on
May 15, 2017
published in Punch and Jurists
May 15, 2017
This decision os noted for its discussion of the so-called “pseudocount enhancement” contained in U.S.S.G. § 2G1.3(d)(1) of the Guidelines. The somewhat obtuse language of that provision calls for a two-level sentence enhancement in certain cases involving the enticement of minors to engage in unlawful sexual conduct, even where the ...
Loaded on
May 15, 2017
published in Punch and Jurists
May 15, 2017
This is an interesting decision of first impression that examines whether Federal law enforcement authorities stand in the same shoes as state authorities when relying on evidence derived solely as a product of the suspect’s term of state parole. In answering that question, Judge Weinstein wrote:
“The key to the ...