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Tag Archives: Judge Roger L. Gregory

Pipeline thwarted by bee, clubshell, bat and isopod (access required)

For the third time, the U.S. Fish and Wildlife Service will attempt to determine whether construction of the Atlantic Coast natural gas pipeline will threaten four endangered species after the conclusions in FWS’s prior opinion were found arbitrary and capricious. ...

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Defendant’s confession alone insufficient to support conviction (access required)

A defendant who admitted he lied about his intent in purchasing firearms nevertheless had his conviction overturned because there was no independent corroborating evidence or testimony. Background Christopher Rodriguez-Soriano was found guilty of knowingly making a false statement to a ...

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No qualified immunity for officer on constitutional deprivation claims (access required)

Where a woman who attempted to shield a dog from a police officer’s pointed gun was arrested for obstruction, the officer is not entitled to qualified immunity from her claims of false arrest, excessive force and malicious prosecution. Background Buddy, ...

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Tribe subsidiaries invoke sovereign immunity to avoid consumer protection suit (access required)

Two entities formed by the Lac Vieux Desert Band of the Lake Superior Chippewa Indians cannot be sued for allegedly issuing payday loans with unlawfully high interest rates because, as arms of the tribe, they enjoy sovereign immunity. Background The ...

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Court made plain error but rights were not affected (access required)

The district court erred by revoking the defendant’s supervised release on the basis he had been found guilty of possession with intent to distribute “crack cocaine” because the evidence showed the drug was powder cocaine. However, because possessing and intending ...

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Driver fired over sick day has valid discrimination claim (access required)

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness has a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...

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Career criminal enhancement must be based on specified offenses (access required)

Where a defendant was incorrectly sentenced as a career criminal based on a drug conviction that did not support the application of the enhancement, the career criminal designation could not be upheld based on the defendant’s state robbery conviction because ...

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