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2009AP729 State, et al. v. Nelson

Family Physical placement; modification; contempt Elizabeth Harder appeals an order regarding physical placement. Harder argues that because the circuit court granted her motion to dismiss Lee Nelson’s motion to modify placement of their minor son, a motion for contempt associated ...

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09-3647 U.S. v. Saenz

Sentencing Minor participant Where the only evidence in the record is that the defendant transported money on one occasion, it was error for the district court not to consider a minor participant adjustment. “The question here is whether this one-time ...

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09-2767, U.S. v. Shamah

RICO Lack of supervisory authority; robberies or thefts as predicate acts; sentencing Where a police officer stole drugs and money from drug dealers, his conviction under RICO was appropriate, despite the facts: that he was not an operator or manager ...

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08-3478 Toure v. Holder

Immigration Asylum Where an asylum claimant’s testimony was rife with inconsistencies, the immigration judge properly denied her claim. “Based on Toure’s testimony at the 2007 hearing alone, the IJ had sufficient grounds to find her testimony incredible. Toure’s testimony was ...

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08-3306 U.S. v. Albiola

Evidence Other acts Where a defendant is charged with using a communication facility in the commission of a controlled substance, other mailing labels are admissible to show intent. “The other mailing labels in this case supported the inference that the ...

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09-1249 & 09-1551 U.S. v. Reyes-Hernandez

Sentencing Fast-track disparities Sentencing disparities created by fast-track programs can be considered by district court judges in non-fast-track districts when crafting individual sentences. “Congress certainly did not instruct the Commission to link § 5K3.1 to statutory maximums or minimums, cf. ...

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2009AP3069-CR State v. Batt

Motor Vehicles OWI; alternate tests After arresting a suspect for driving while intoxicated, officers are not required to provide him both an alternative test at their expense, and another alternative test at the suspect’s expense. “We interpret Stary’s ‘three obligations’ ...

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2010AP1097-CR State v. Sedahl

Motor Vehicles OWI; community caretaker doctrine The State appeals an order dismissing a criminal complaint charging Jason Sedahl with operating a motor vehicle while intoxicated, fourth offense, and operating a motor vehicle with a prohibited alcohol concentration, fourth offense. The ...

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