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Civil Digest

Aug 17, 2020

6th Amendment Violation

David Day, Jr., was indicted for conspiracy to commit wire fraud stemming from his participation in a fraudulent “credit repair” scheme operating in Indianapolis.

Aug 17, 2020

Abuse of Discretion – First Step Act Violation

Over a decade ago, the district court (then Chief Judge McCuskey) sentenced Gene Sutton to his then statutory minimum 15 years’ imprisonment for distributing cocaine base (“crack”) and carrying a firearm during a drug-trafficking crime.

Aug 17, 2020

Ineffective Assistance of Counsel – Confrontation Claim

During Antonio Ramirez’s 2001 criminal trial in Wisconsin state court, the prevailing interpretation of the Sixth Amendment’s Confrontation Clause was set forth in Ohio v. Roberts, 448 U.S. 56 (1980).

Aug 17, 2020

Sentencing Guidelines

When Tyrus McNair was sentenced in 2003 for a serious drug crime, the district court calculated his range under the Sentencing Guidelines at 324 to 405 months and sentenced him to 360 months.

Aug 17, 2020

Sherman Antitrust Act Violation

Organized amateur hockey leagues in the United States come under the purview of USA Hockey, Inc., which is subject to the Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. §§ 220501–43.

Aug 17, 2020

Search Warrant – Probable Cause

After pleading guilty to distributing methamphetamine, Ryan Patton was sentenced to 76 months’ imprisonment.

Aug 17, 2020

SEC Violation – Damages

AbbVie Inc. made a tender offer to repurchase as much as $7.5 billion of its outstanding shares.

Aug 12, 2020

Due Process Violation – DACA

In 2012, the Department of Homeland Security (DHS) issued a memorandum announcing an immigration relief program known as Deferred Action for Childhood Arrivals (DACA), which allows certain unauthorized aliens who arrived in the United States as children to apply for a two-year forbearance of removal.

Aug 12, 2020

Writ of Certiorari – Ineffective Assistance of Counsel

Death-sentenced petitioner Terence Andrus was six years old when his mother began selling drugs out of the apartment where Andrus and his four siblings lived.

Aug 12, 2020

Statutory Interpretation – Civil Rights Act of 1964

Sometimes small gestures can have unexpected consequences.

Aug 12, 2020

Statutory Interpretation – Mineral Leasing Act

We granted certiorari in these consolidated cases to decide whether the United States Forest Service has authority under the Mineral Leasing Act, 30 U. S. C. §181 et seq., to grant rights-of-way through lands within national forests traversed by the Appalachian Trail. 588 U. S. ___ (2019).

Aug 12, 2020

Legal Malpractice

David Skindzelewski committed a crime, pled guilty, and spent time in jail as a consequence for committing that crime until a circuit court vacated his conviction because the statute of limitations rendered the conviction erroneous.

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