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Article • December 1, 2010
U.S. v. Miller, No. 08-1152-cr (2nd Cir.) (626 F.3d 682) (November 23, 2010) (Judge Debra Ann Livingston) by Defendant's conviction for international parental kidnapping is affirmed where: 1) defendant's argument ignored the basic principle that any "lawful parental rights" created by a state family court order came into existence when …
Article • January 27, 2002
Jones v. U.S., No. 97-6203 (U.S. Supreme Court) (526 U.S. 227; 119 S.Ct. 1215) (March 24, 1999) (Justice Souter) by If the Rehnquist Supreme Court were given a Rorschach test, the results would probably confound the most expertly trained psychoanalysts. This case is another example of the impossibility of predicting …
Article • January 1, 2002 • from P&J January, 2002
U.S. v. Ferreira, No. 00-14723 (11th Cir.) (275 F.3d 1020) (December 11, 2001) (Judge Stanley Marcus) by In this case, the district court enhanced the appellants' sentences under U.S.S.G. § 2A4.1(b)(1), which provides for a six-level increase "if a ransom demand or demand upon government was made" in the course …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Smith, No. 98-10098 (5th Cir.) (184 F.3d 415) (August 5, 1999) (Judge John M. Jr. Duhé) by In this case the defendant pled guilty to an assortment of crimes including kipnapping and carjacking. At sentencing, the district court applied the provisions of U.S.S.G. § 2A4.1(b)(7)(B), which requires that, …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Sickinger, No. 98-3851 (8th Cir.) (179 F.3d 1091) (June 14, 1999) (Judge Howard F. Sachs) by The defendant claimed that his victim was constructively released prior to 24 hours because she was left alone at a convenience store on two occasions and could have escaped. The Court concluded: …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Kimble, No. 97-5998 (11th Cir.) (178 F.3d 1163) (June 22, 1999) (Judge Rosemary Barkett) by In this case, the defendants were convicted of robbing a Fuddruckers restaurant in Miami and then taking the manager's car and using it to escape. After conviction, they were sentenced to 421 and …