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Article • January 1, 1994
Doe v. City of New York, No. 93-7596, No. 527 (2nd Cir.) (15 F.3d 264) (January 28, 1994) (Judge Frank X. Altimari) by Here the Court held that persons with HIV have a constitutional right to privacy regarding that condition, particularly when the disease is one that arouses an "unfeeling …
Article • January 1, 1994
U.S. v. Kikumura, No. 88-166 (D.N.J.) (706 F.Supp. 331) (February 10, 1989) (Judge Alfred J. Jr. Lechner) by In this case the defendant was convicted based on a negotiated plea agreement pursuant to which the Probation Office prepared a Presentence Report that stipulated a Guideline sentence of between 27 and …
Article • January 1, 1994
U.S. v. Davis, No. Crim.A. 1:93-CR-0234 (JOF) (N.D.Ga.) (864 F.Supp. 1303) (August 26, 1994) (Judge J. Owen Forrester) by In one of the most detailed scientific studies we have seen, the Court found no meaningless distinction between crack and powdered cocaine that thus held that the penalty provisions of 21 …
U.S. v. Beler, No. 93-3970 (7th Cir.) (20 F.3d 1428) (March 31, 1994) (Judge Ilana Diamond Rovner) by In this case the Court held that where there is inconsistent and disputed evidence, the district court must conduct a sufficiently searching inquiry into the Government's evidence to ensure its probable accuracy. …
Article • January 1, 1994
U.S. v. Condren, No. 92-9017 (5th Cir.) (18 F.3d 1190) (March 31, 1994) (Judge Rhesa Hawkins Barksdale) by In this case the defendant's home was searched pursuant to a warrant obtained after he had sold crack cocaine to an undercover officer. The search revealed a loaded firearm in a desk …
Article • January 1, 1994
U.S. v. Clary, No. 94-1422 (8th Cir.) (34 F.3d 709) (September 12, 1994) (Judge John R. Gibson) by Here the 8th Circuit reversed Judge Cahill's bulliant decision reported at 846 F.Supp. 768 in which he granted a substantial downward departure because of the "unconscious racism" that led to the crack-cocaine …
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