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U.S.

Jul 25, 2012

Torts — FTCA

11-2895 On-Site Screening, Inc., v. U.S.

Mar 24, 2011

10-1737 U.S. v. Johnson

Sentencing Reasonableness Where the district court did not find that a life sentence was sufficient, but not greater than necessary, to comply with sec. 3553(a)(2), the sentence must be vacated. “The essence of Kimbrough is to permit district courts to depart from the advisory ratio when its application would result in a sentence that is […]

Mar 24, 2011

10-1831 U.S. v. Mitchell

Criminal Procedure Right to counsel It did not violate a defendant’s right to counsel for the court to make disparaging remarks about how many different lawyers he had had. “We agree that it would be constitutionally problematic for a district court to punish a defendant at sentencing for the exercise of his Sixth Amendment right […]

Mar 24, 2011

10-2178 U.S. v. Swanson

Criminal Procedure Miranda warnings Where police interrogated a suspect for 45 minutes without reading him his Miranda rights, his incriminating statements should have been suppressed. “When the officers arrested Swanson they presented an arrest warrant stating that he was charged with unlawful possession of a firearm. They simultaneously gave him a court order that directed […]

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