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Tag Archives: Judge Pamela A. Harris

‘Fugitive tolling doctrine’ extended term of supervised release

The expiration of the defendant’s period of supervised release did not mean the district court lacked jurisdiction to sentence him for violating an element of that release because the supervised release term was tolled during the period when the defendant ...

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Government not liable for state’s reduction of Medicaid

Where the state reduced certain services available to plaintiffs under its Medicaid waiver program, the plaintiffs could not sue the federal government for its failure to provide proper oversight of the state’s Medicaid program. Background Richard Stogsdill and Robert Levin ...

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Counsel who failed to object to enhancement was not ineffective

Defendant’s counsel did not render ineffective assistance by failing to argue that defendant’s conviction for attempted abduction did not constitute a crime of violence for purposes of applying the career offender sentencing enhancement because the existing case law at the ...

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Waiver did not prevent review of constitutionally infirm plea

An appeal waiver did not prevent the court from reviewing the defendant’s claim her plea was tainted by constitutional error. On the merits, however, the court agreed the relevant statute applied to the defendant’s admitted conduct. Background Mary Mooney pleaded ...

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Pipeline construction can begin before compensation paid

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

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