Where the indictment did not instruct that the government was required to prove the defendant knew he belonged to a class of persons barred from possessing a firearm, but it separately proved he knowingly lied about whether he had been ...
Read More »Criminal Practice – Indictment defect did not affect defendant’s rights
Constitutional – Importing prior discriminatory intent to new voting law was error 
Although North Carolina previously acted with racially discriminatory intent in enacting a 2013 omnibus voting law that included voter-ID requirement, it was error to assume that same intent influenced the passage of the state’s 2018 voter-ID law. Background This case ...
Read More »Criminal Practice – Illegal reentry extends to venue where defendant is ‘found’ 
Because illegal reentry is a continuing crime, a violation may be prosecuted where the defendant enters or attempts to enter the United States, as well as at any place that he is present until found. Because the defendant was “found” ...
Read More »Tort/Negligence – Citizen’s deportation suit barred by discretionary function exception 
There is no jurisdiction over a suit brought by a U.S. citizen who alleges he was improperly removed to El Salvador. In deciding whom to investigate, detain and remove, homeland security officers must make the kinds of classic judgment calls ...
Read More »Civil Rights – Complaint fails to show pat down was not consensual 
Where a man voluntarily left a restaurant with a police officer to be patted down outside, the officer did not brandish a weapon, use restraint, accuse him of wrongdoing or make a show of authority, and thus the man failed ...
Read More »Administrative – Gas pipeline stayed over permitting concern 
Where parties challenging construction of a natural gas pipeline are likely to succeed on their argument that authority was lacking to modify a nationwide permit issued by the Army Corps of Engineers in 2017, the construction was stayed. Background Petitioners ...
Read More »Contract – Oil and gas lessee may shift portion of post-production costs 
Where an oil and gas lease provided a method for calculating the amount to be deducted from the royalty for post-production costs, it sufficiently rebutted the presumption that the lessee bears all post-production costs and allowed an allocation of some ...
Read More »Criminal Practice – Appeal waiver dooms due process argument 
Where a plea agreement over child pornography offenses included language waiving challenges to “the weighing of the sentencing factors, and any constitutional challenges to the calculation and imposition of any term of imprisonment,” the waiver barred arguments that the sentencing ...
Read More »Labor & Employment – FLSA exemption incorrectly applied in restaurant wage dispute 
Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...
Read More »Administrative – Ex-Columbian police officer established persecution by FARC 
Where a former Columbian police officer and his family were subjected to at least five threats of death and harm from January to May 2013 by the Revolutionary Armed Forces of Colombia, or FARC, the Board of Immigration Appeals erred ...
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