Sentencing Obstruction of justice enhancement Where the defendant failed to appear for sentencing, an obstruction of justice enhancement was properly applied. “[W]e agree with the district court that Curb is misapplying this court’s ruling in United States v. Draves to his own situation. In Draves, we held that it was not error to deny the [...]
Employment Workers compensation; temporary employers Under the plain terms of the Worker’s Compensation Act (WCA), Wis. Stats., Chapter 102 (2007-08), a temporary employee injured on the job may not maintain a tort action against a temporary employer for personal injury. Third-party liability provisions of the WCA provide statutory immunity for a temporary employer who compensates [...]
Constitutional Law Freedom of speech; mandatory bar associations The Wisconsin State Bar’s Public Image Campaign did not violate the free speech rights of its members. “The Ninth Circuit’s generous approach to germaneness in Gardner is consistent with the portion of Thiel that remains binding, where we found that all of the particular activities at issue [...]
Wiretap Act Sufficiency of the evidence Where an employee directed all of his supervisor’s email messages to be forwarded to him, the evidence was sufficient to convict him under the Wiretap Act for intentionally intercepting an electronic communication. “Szymuszkiewicz’s argument is based on the belief that Infusino’s computer did the forwarding after each email arrived [...]
Sentencing Concurrent sentences Where the district court erroneously believed it lacked authority to impose a sentence concurrent to a state court sentence, the sentence must be vacated. “The only difference between Campbell’s case and Hernandez’s case is the offense of conviction. Hernandez faces a mandatory minimum of 10 years for his drug conviction, while Campbell [...]
