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Article • February 1, 2004 • from P&J February, 2004
U.S. v. Carter, No. 03-3045 (10th Cir.) (360 F.3d 1235) (March 8, 2004) (Judge Harris L. Hartz) by Defendant conditionally pled guilty to possession of a firearm after previously being convicted of three felonies, in violation of 18 U.S.C.S. § 922(g). Defendant appealed from the United States District Court for …
Article • October 17, 2002
Wong Sun v. U.S., No. 36 (U.S. Supreme Court) (371 U.S. 471; 83 S.Ct. 407) (January 14, 2063) (Justice Brennan) by Here the Court held that there was no probable cause for an arrest, based on "a vague suspicion" that the police attempted to transform into probable cause by reason …
Article • August 1, 2002 • from P&J August, 2002
U.S. v. Faulkingham, No. 01-2276 (1st Cir.) (295 F.3d 85) (July 9, 2002) (Judge Sandra L. Lynch) by In this case, the defendant was indicted for violating 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C.S. § 2. He moved to suppress unwarned statements made to drug enforcement agents while in …
Article • April 1, 2002 • from P&J April, 2002
U.S. v. Sterling, No. 01-4264 (4th Cir.) (283 F.3d 216) (March 8, 2002) (Judge H. Emory Jr. Widener) by The defendant appealed his jury trial conviction of two counts of being a felon in possession of a firearm. He alleged, inter alia, that the District Court erred in refusing to …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. DeLuca, No. 00-1442 (10th Cir.) (269 F.3d 1128) (October 25, 2001) (Judge Paul J. Jr. Kelly) by Here over the dissent of Judge Seymour, the Court reversed a suppression order that had been granted on the grounds that no factual nexus existed between the defendant's unlawful detention and …
Article • December 1, 2001 • from P&J December, 2001
U.S. v. DeSumma, No. 00-3629 (3rd Cir.) (272 F.3d 176) (November 29, 2001) (Judge Joseph F. Jr. Weis) by The defendant in this case was convicted of a number of crimes, including unlawful possession of a firearm. On appeal, he argued that the district court had erred by failing to …
Article • February 1, 2001 • from P&J February, 2001
U.S. v. Ryan, No. 99-3366 (10th Cir.) (236 F.3d 1268) (January 10, 2001) (Judge David M. Ebel) by Here the Court affirmed the general rule that evidence (narcotics) that were seized in violation of the defendant's Fourth Amendment rights were properly considered at sentencing in fixing the sentence on other …
Article • June 1, 2000 • from P&J June, 2000
U.S. v. Nava-Ramirez, No. 99-4123 (10th Cir.) (210 F.3d 1128) (April 10, 2000) (Judge Michael R. Murphy) by The defendant in this case was driving a car in which the owner of the vehicle, Steven Wald, was a passenger. A state police officer stopped the vehicle for having a cracked …