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Criminal Law

No New Trial on Misjoinder Claim (access required)

Although a Richmond U.S. District Court overturned two securities fraud convictions after defendant’s prosecution for a scheme to induce investors to support defendant’s company purportedly developing a hyperbaric-chambers treatment for HIV/AIDS, the “spillover” effect of the jury hearing evidence on ...

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Resisting Arrest is Sentencing ‘Crime of Violence’ (access required)

In sentencing defendant on a conviction for illegal reentry into the U.S., a district court did not err in treating a prior conviction for resisting arrest as a “crime of violence” under federal sentencing guidelines; adopting the categorical approach to ...

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‘Missing Witness’ Instruction for Deported Witness (access required)

An alleged MS-13 gang member, charged with racketeering-related charges of murder, conspiracy to commit murder, use of a firearm and maiming, is entitled to a “missing witness” jury instruction because the U.S. deported a material witness without advising the defense; ...

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