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Tag Archives: Judge Pamela A. Harris

Sentencing court fails to address non-frivolous arguments (access required)

Where the sentencing court failed to address the defendants’ non-frivolous arguments against a life sentence, including his age and sentencing disparities with his co-conspirators, resentencing is required. Background A jury convicted appellant Lemont Jerrone Webb of multiple criminal offenses related ...

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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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