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Monthly Archives: April 2008

Immigration – Speedy Trial Act – Alien Administrative Detention (access required)

In calculating time under the Speedy Trial Act, a period of detention for an El Salvadoran national by the U.S. Immigration and Customs Enforcement, on administrative charges pending the alien’s removal, was not detention “in connection with” his arrest for ...

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Employment – ERISA – Preemption – Unjust Enrichment – Contract Claim (access required)

The federal ERISA statute does not preempt an insurance company’s claims for breach of contract and unjust enrichment against an information systems company that hired the insurance company to provide certain administrative services for an ERISA employee benefit plan. Defendant ...

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Immigration – Illegal Reentry – Resentencing – Procedural Error (access required)

The 4th Circuit vacates an alien’s 37-month sentence for illegal reentry into the U.S. after removal, in contravention of the Immigration and Nationality Act, 8 U.S.C. § 1326, as the district court erred in the wake of Lopez v. Gonzales, ...

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Criminal – Sentencing – ‘Violent’ Crime – Attempted Child Molestation (access required)

For purposes of a sentencing enhancement under USSG § 2L1.2(b)(1)(A) for an illegal alien, a conviction of felony attempted child molestation under Georgia Code Ann. § 16-6-4 qualifies as a “crime of violence.” A violation of former Georgia Code § ...

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No sanction for pulling plug on trial

Defense lawyers are accustomed to the aggravation of a nonsuit. They know what it’s like when plaintiffs apply the brakes on the eve of a scheduled trial. The shoe was on the other foot in a case handed down today ...

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Baldacci on the lake

The Roanoke Times takes a look today at lawyer-turned-author David Baldacci and his life on Virginia’s Smith Mountain Lake. Best quote: “Lawyers are paid to tell persuasive stories. So are novelists. Sometimes I think some of the best fiction I ...

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Brownlee to resign, consider A.G. run

John Brownlee, the U.S. Attorney for the Western District of Virginia, will step down in a month after seven years as the region’s top federal prosecutor. He confirmed today that he is considering a bid for the Republican nomination for ...

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