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Criminal Law

Defendant’s designation as armed career criminal to be reconsidered (access required)

Where the defendant’s challenge to his designation as an armed career criminal is not barred by the statute of limitations, the law of the case or a waiver, the district court must consider his arguments that his prior robberies no ...

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Unlawful search rescued by ‘good faith’ exception (access required)

Where a search warrant affidavit was found not sufficient to establish probable cause, testimony from the investigating officer revealed facts not contained in the warrant and supported the belief that evidence of child pornography would be found on the electronic ...

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Conspiracy to smuggle contraband into jail rejected (access required)

Although the defendant challenged the indictment to smuggle contraband into the jail on multiple grounds, including that that jail is not a “prison” within meaning of the federal statute and the statute is unconstitutionally vague the court rejected each of ...

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Cocaine found during ‘Terry’ stop admissible (access required)

Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car ...

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Expert testimony regarding diminished market value excluded (access required)

In an action to determine just compensation for the taking of certain property for the construction of a natural gas pipeline, where landlords were unable to offer testimony regarding the diminished market value of their property, the motion to exclude ...

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