Criminal Law

Booker Reasonableness in the First
I'm back from a hiatus (only to be interrupted again by an upcoming trial). The First Circuit issued the much awaited en banc opinion(s) in US v. Jiménez-Beltre, No. 05-1268 (1st Cir...

Court Rejects Diminished Capacity Argument, Touches on Crack Guideline Changes
US v. Brewer: Brewer pleaded guilty to distributing crack. Prior to sentencing, it was established that Brewer suffered from serious mental deficits, with a tested IQ as low as 59...

Ninth Weighs In On Circuit Split: No Objection Required In District Court to Preserve Substantive Reasonableness Challenge
United States v. Autery, No. 07-30424 (9th Cir. Feb. 13, 2009) (Thompson, Smith; Tashima, concurring in part and dissenting in part)Remember that circuit split over reasonbleness review and plain error? Courtesy of our colleagues at the Ninth Circuit Blog (here and here), we learn that the Ninth Circuit has weighed in on that question...

Rita 101
Rita 101?a district court may not presume that a sentence within the Guideline range is reasonable, said the Supreme Court once again in Nelson v. United States, No. 08-5657 (January 26, 2009)In Nelson, the petitioner was convicted of various drug offenses...

Gall: Reasonableness Review is Deferential
In Gall v. U.S., No. 06-7949 (Dec. 10, 2007), the Supreme Court held that while the extent of the difference between a particular sentence and the recommended Guideline range is relevant, courts of appeal must review all sentences ? whether inside, just outside, or significantly outside the Guidelines range ? under a deferential abuse of discretion standard...

Split decision on Al-Marri, now headed to Court
UPDATE 5:45 p.m.  The decision by the Fourth Circuit Court apparently is now headed for the Supreme Court. Lawyers for the detainee involved in the case said that, while still studying the ruling, they do expect to ask the Supreme Court to review the part of the decision upholding presidential detention power over those seized [...

Stock Splits and Reverse Stock Splits
How splits can affect stock value

Specialty Lamp International
Recalls Counterfeit Circuit Breakers

Katrina Victims See Justice, Ruling Paves the Way for Class Actions
Katrina Victims See Justice Ruling Paves the Way for Class Actions

BPA
New Study Shows Link to Diabetes and Heart Disease

Operating Room Fires
Hundreds Injured During Surgery, New Report Shows

FDA Issues Update on Safety Review Orlistat
Orlistat FDA Issues Update on Safety Review

US Reality TV Shows
Reach Tentative $4 Million Settlement