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Civil Digest

Apr 13, 2020

Plea & Sentencing – Collateral-attack Waivers

In 2011, petitioners Ralph Oliver and Ryan Ross pleaded guilty to violating 18 U.S.C. § 924(c) for brandishing a firearm during a “crime of violence”—theft from a federally licensed firearms dealer, 18 U.S.C. § 922(u).

Apr 13, 2020

Immigration – Removal Order

Daniela Guerra Rocha has filed a petition for review of a decision of the Board of Immigration Appeals (BIA or Board).

Apr 13, 2020

Foreclosure – Damages

This appeal arises out of Illinois foreclosure proceedings on real estate owned by Donald and Lauretta Bauer.

Apr 13, 2020

Jury Instructions

Ionel Muresanu was arrested in Wisconsin for his role in a multistate ATM skimming operation.

Apr 13, 2020

Due Process Violation

Carolyn Mascow, a teacher who had tenure under Illinois law, was laid off in 2017.

Apr 13, 2020

Easement

This appeal presents a question about how 47 U.S.C. §541(a)(2), part of the Cable Communications Policy Act of 1984, affects use of a utility easement in Indiana.

Apr 8, 2020

Tax Refund

The Internal Revenue Service (IRS) allows an affiliated group of corporations to file a consolidated federal return.

Apr 8, 2020

ERISA – Fiduciary Duty

The Employee Retirement Income Security Act of 1974 (ERISA) requires plaintiffs with “actual knowledge” of an alleged fiduciary breach to file suit within three years of gaining that knowledge, 29 U. S. C. §1113(2), rather than within the 6-year period that would otherwise apply.

Apr 8, 2020

Sentencing Guidelines

Petitioner Holguin-Hernandez was convicted on drug charges and sentenced to 60 months in prison and five years of supervised release while he was still serving a term of supervised release for an earlier conviction.

Apr 8, 2020

Statutory Interpretation – Armed Career Criminal Act

The Armed Career Criminal Act (ACCA) mandates a 15-year minimum sentence for a defendant convicted of being a felon in possession of a firearm who has at least three convictions for “serious drug offense[s].” 18 U. S. C. §924(e)(1).

Apr 8, 2020

Pleas & Sentencing – Collateral Review

An Arizona jury convicted petitioner James McKinney of two counts of first-degree murder.

Apr 8, 2020

Damages

United States Border Patrol Agent Jesus Mesa, Jr., shot and killed Sergio Adrián Hernández Güereca, a 15-year-old Mexican national, in a tragic and disputed cross-border incident.

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