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 ...

Tagged with: Bauer J. Sentencing Digest

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. ...

Tagged with: et al. J. Madison

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 ...

Tagged with: Hamilton J.

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 ...

Tagged with: Easterbrook J. Sufficiency of the evidence

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 ...

Tagged with: J.