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Tag Archives: Judge Pamela A. Harris

Lack of Chinese counsel or interpreter no defense to agreement (access required)

A company president who signed three agreements with a Chinese company that contained clauses requiring arbitration of any disputes in China could not use his unilateral decision not to hire his own Chinese counsel or his own independent Chinese interpreter ...

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‘Branch’ must handle mortgage business to trigger meeting rule (access required)

Where there is a “branch office” within 200 miles of the borrower’s home, federal regulations require a bank to conduct a face-to-face meeting before initiating foreclosure proceedings. However, that obligation is only triggered where the “branch office” conducts some business ...

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Sentence individualized to defendant renders it reasonable (access required)

Where the sentencing court considered the factors in 18 U.S.C § 3553 and addressed the defendant’s argument that his purportedly de-escalating criminal history made a Guidelines sentence appropriate, the sentence was neither procedurally nor substantively unreasonable, even if it was ...

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Illegal trespass argument fails, suppression of evidence denied (access required)

Although the defendant argued that officers engaged in an illegal trespass by intruding the curtilage of his home, it was not “clear and obvious” that the officers exceeded the scope of their implicit license to enter his driveway. Because the ...

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Defendant fails to win suppression of evidence, sentence review (access required)

Where the search of the defendant’s home, vehicles and storage unit was supported by warrants based on probable cause, there was no Fourth Amendment violation. As such, a separate search four months later was not tainted fruit of a poisonous ...

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Defendant fails to upset sentence for firearm possession (access required)

The defendant’s argument that one use of a firearm in the simultaneous commission of two predicate drug-trafficking offenses will not support separate § 924(c) convictions and sentences is foreclosed by Fourth Circuit precedent. And he was not entitled to relief ...

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