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Notable Eleventh Circuit ruling on a new media criminal justice issue

By Douglas A. Berman

Though not principally a sentencing case, a new opinion today from the Eleventh Circuit addresses a new media issue that is arising more and more frequently in sentencing settings.  The ruling in US v. Phaknikone, No. 09-1008 (11th Cir. May 10, 2010) (available here), gets started this way: The main issue presented in this appeal is whether the district court abused its discretion by admitting the profile page, subscriber report, and photographs from the MySpace.com account of Souksakhone Phaknikone to prove that he committed a string of bank robberies ?like a gangster.? Fed. R. Evid. 404(b).  Phaknikone appeals his fifteen convictions of armed bank robbery, 18 U.S.C. § 2113(a), (d), carrying a firearm in relation to a crime of violence, id...continue to full post

Full post as published by Sentencing Law and Policy on May 10, 2010 (boomark / email).