Criminal Law

Resep Dan Cara Olah Udang Goreng Petai

Posted on September 11, 2017
Resep Dan Cara Olah Udang Goreng Petai - Kami hadir lagi di sini untuk anda semua yang sedang belajar memasak dari resep masakan yang akan kami berikan lagi untuk anda. sebuah resep mudah dan praktis telah kami siapkan di bawah ini untuk anda. bagi anda yang hobi dan senang memasak pastinya anda tidak akan lewatkan info atau resep baru yang kami berikan di sini bukan...

Cara Masak Mudah Jamur Kentang Saus Tiram

Posted on September 11, 2017
Cara Masak Mudah Jamur Kentang Saus Tiram - Untuk para ibu rumah tangga yang sedang belajar memasak bersiaplah anda untuk menyimak satu resep yang kami berikan lagi di sini untuk anda semua. Jamur Kentang Saus Tiram makanan yang di olah dari bahan dasar jamur dan juga kentang yang di padukan dengan saus tiram akan lezat dengan resep yang telah kami berikan di sini...

Cara Olah Sate Sapi Bumbu Padang

Posted on September 11, 2017
Cara Olah Sate Sapi Bumbu Padang - Memasak makanan daerah lain pastinya akan membuat kita semakin tertantang untuk mengolah masakan yang baik dan benar. bagi anda yang suka dan hoby dengan semua jenis masakan pastinya anda tidak akan lewatkan satu resep baru dari kami di sini...

Facebook and Twitter no more?

Posted on December 28, 2010
The Facebook page and Twitter accounts for the Kansas Federal Defender have been removed.

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Collateral Costs: Incarceration's Effect on Economic Mobility

Posted on September 30, 2010
The Pew Charitalbe Trusts released a new report today that quantifies the impact of incarceration on the economic mobility of former inmates and their families. Collateral Costs: Incarceration?s Effect on Economic Mobility is a collaborative effort between the Pew Charitable Trusts' Economic Mobility Project and its Public Safety Performance Project (PSPP)...

Fair Sentencing Act of 2010

Posted on July 28, 2010
The Fair Sentencing Act of 2010 would raise the minimum quantity of crack cocaine that triggers a 5-year mandatory minimum from 5 grams to 28 grams, and from 50 grams to 280 grams to trigger a 10-year mandatory minimum sentence. The amount of powder cocaine required to trigger the 5 and 10-year mandatory minimums remains the same, at 500 grams and 5 kilograms respectively...

White House Nominates Federal Public Defender from Southern District of Florida

Posted on July 22, 2010
As reported Wednesday, July 21, 2010 in a White House press release, President Obama nominates Kathleen M. Williams to United States District Court judgeship.Nominee for the United States District Court for the Southern District of Florida Kathleen M...

Sentence is Sharply Increased for Lawyer Convicted of Aiding Terror

Posted on July 16, 2010
New York Times reports that on Thursday, a federal judge, John G. Koeltl of the Southern District of New York, increased the sentence of Lynne F. Stewart, a disbarred lawyer convicted of assisting terrorism, to 10 years ? nearly five times as long as her original sentence...

Appeals Court Strikes Down First Successful Federal Capital-Punishment Sentence in New York State

Posted on June 30, 2010
The New York Times reports today that an appeals court struck down the first successful federal capital-punishment sentence in New York State in more than 50 years on Wednesday, overturning the death sentence given to a Staten Island man convicted of killing two undercover New York City police detectives in 2003...

America's Secret Prisons

Posted on June 23, 2010
On DCBureau.org website, Niamh Marnell details some scary information about our BOP.Communications Management Units (CMUs), nicknamed ?Little Gitmo? by the inmates for the resemblance to the Guantanamo Bay prison, are coming under criticism for their controversial policies, constitutionality, and secrecy...

Kosher plant CEO sentenced to 27 years

Posted on June 22, 2010
DesMoinesRegister.com headlined "Shalom Rubashkin to receive 27-year prison sentence," reports on the severe sentencing outcome in a high profile federal white collar case out of Iowa. Here are the early details:Sholom Rubashkin will receive a 27-year federal prison sentence on Tuesday for his leadership in the financial fraud scandal at Agriprocessors Inc...

Sotomayor Early Report Card

Posted on June 10, 2010
Many criminal defense attorneys have been concerned that Justice Sonia Sotomayor might be more conservative than Justice Souter, whom she replaced on the U.S. Supreme Court. David Savage of the L.A. Times provides us with an early report card: Last week, Sotomayor wrote her first strong dissent in a 5-4 decision holding that a suspect who is warned of his rights and fails to "unambiguously" call

A Most Wonderful Concurrence

Posted on May 17, 2010
Today, SCOTUS said that we cannot imprison juvenile offenders for life without parole.  It is a well-reasoned decision, Graham v. Sullivan, written by Justice Kennedy, and has some good general discussion of sentencing goals, some worth incorporating into our sentencing memoranda...

Elena Kagan -- "She has a Calm Mind"

Posted on May 11, 2010
The most detailed article on her life and career from WaPo, here.  SCOTUSblog, of course, has much to offer on Kagan, as well.

Wichita, circa 1996

Posted on May 10, 2010
False government testimony always catches our attention, thus we were drawn to today's unpublished Tenth Circuit Order denying relief to Bountaem Chanthadara, who was convicted in federal court, 1996, of crimes related to the death of four people.  (He was sentenced to death, but that was overturned, those interesting facts here)...

Investigative Kiosks Allow Quick Data Extraction

Posted on May 05, 2010
An article in the March-April 2010 Evidence Technology Magazine discusses the FBI "Investigative Kiosks" that are available at most FBI Field Offices and Regional Computer Forensic Laboratory (RCFL) locations across the country.It seems that every day, manufacturers add features to the garden-variety cell phone that make these mobile devices increasingly valuable as items of evidence...

Not to Worry

Posted on April 21, 2010
        This week SCOTUS affirmed free speech in US v. Stevens, and in so doing, rejected the government's "just trust us" argument.   The law at issue punished video portrayals of certain animal cruelty.  The Third Circuit en banc found the law was  facially unconstitutional, as it infringed upon free speech...

Twofer

Posted on April 12, 2010
Two notes here: First, we have a new research tool made available to us through the impressive work of Sentencing Resource Counsel. When researching the history of a particular guideline, often the reports and records were unavailable or not easily accessible...

Federal Judge Finds N.S.A. Wiretapping Program Illegal

Posted on April 01, 2010
A federal judge ruled Wednesday that the National Security Agency?s program of surveillance without warrants was illegal, rejecting the Obama administration?s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W...

String Cite Worth Reading -- Really

Posted on March 31, 2010
Lots going on at SCOTUS and the Tenth, but we are ignoring all that in favor of a Ninth Circuit string cite. Yes, a string cite, out of context and irrelevant.  We know your eyes have been trained to ignore such mind-numbing creatures,  but fight the instinct and read this one...

The Supremes are Wired

Posted on March 19, 2010
The US Supreme Court, against type, has a super cool, slick, easy-to-use new website.  Check it out here, and the buzz  here.

Crack:Cocaine, 1:1? More like 18:1

Posted on March 19, 2010
With all of the injustice, racial and otherwise, that resulted from the 100:1 crack/powder disparity in sentencing, per Congress and the Commission, I reckon we can't complain too much about 80% justice.  Well, we can and probably should, but for today we are inching toward some relief...

Boycott Facebook

Posted on March 19, 2010
The US Department of Justice this week released slides from a presentation deck titled Obtaining and Using Evidence from Social Networking Sites. The document was released in response to a Freedom of Information Act request by the Electronic Frontier Foundation (EFF)...

Yes, Yes . . . . no.

Posted on March 09, 2010
With a long teaser, Judge McKay leads us down the path toward a reversal of a guideline sentence for substantive unreasonableness . . . . until he doesn't. The  US v. Chavez-Suarez  Court clearly believes that the district court should have granted a variance in this illegal re-entry case, but in the end refuses to find an abuse of discretion...

US Tenth Circuit Court of Appeals General Order on Release of Oral Argument Recordings

Posted on March 08, 2010
Effective beginning the May 2010 argument term, it is the policy of the US Tenth Circuit Court of Appeals to allow, upon compliance with the procedures outlined in this Order, access to our oral argument recordings. To view full text of the order go to the Tenth Circuit Court of Appeals website: http://www...

Crime of Violence Requires Violence

Posted on March 02, 2010
Sorry for the lag time.  This is just a quick post to notify you of a great defense win at SCOTUS. The case is Johnson v. US.  Scalia writes that a prior conviction for battery by offensive touching is NOT a crime of violence because it does not require the use of violent force...

"Do Judges Foster Police Perjury?"

Posted on February 16, 2010
Do judges foster police perjury?  This is the question posed by KU Law Professor Melanie Wilson in her empirical study set forth in Judging Police Lies: An Empirical Perspective.  This should be of particular interest to Kansas federal defenders because the focus of her study is the practice in District of Kansas...

Thinking Outside the Cell

Posted on February 01, 2010
A recent trend toward sentencing alternatives has been gaining traction in federal courts. Now, in a cautious but hopeful move forward, the Sentencing Commission has proposed amendments (Jan 21, 2010) to the guidelines that would provide for -- wait for it -- treatment and rehabilitation instead of incarceration:Part A expands the authority of the court to impose an alternative to incarceration

Do the Right Thing

Posted on January 26, 2010
Awhile back, I blogged here about the cert grant in Briscoe and the expectation that it would undermine the Confrontation Clause progress granted Melendez-Diaz.  Melendez,  in simple terms, required the lab tech to testify on the stand -- subject to cross examination -- to the results in her lab report...

One Angry (Alternate) Juror

Posted on January 25, 2010
Yesterday, WaPo has a thought-provoking article that begins:Last week I was a juror in the trial of a man accused of selling a $10 bag of heroin to an undercover police officer. At the end of the two days of testimony, I concluded that the defendant was guilty beyond a reasonable doubt...

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