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Author Archives: Staff Report

Immigration: Cancellation of Removal-Motion to Reopen and Reconsider-Hardship on Citizen Children

Petitioner appealed from the denial of his application for cancellation of removal, based on his argument that his youngest children, both U.S. citizens, would suffer hardship from his deportation. The Board of Immigration Appeals denied cancellation of removal due to ...

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Violation of Supervised Release-Possession of Firearm-Substantive Reasonableness of Sentence

Defendant appealed from his sentence of 60 months’ imprisonment for violating the terms of his supervised release after he was found in possession of a firearm. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court ...

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Criminal Law: Conspiracy to Distribute-Within-Guidelines Sentence-Substantive Reasonableness of Sentence

Defendant appealed from his conviction for conspiracy to distribute a substance containing methamphetamine, aiding and abetting, and witness tampering. The district court imposed a within-guidelines sentence. On appeal, defendant challenged the substantive reasonableness of his sentence. Where the district court ...

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Criminal Law: Child Pornography-Independently Downloaded Pornography-Summarization of Evidence

Defendant appealed from his conviction for transportation and receipt of child pornography. On appeal, defendant challenged the district court’s admission of independently obtained child pornography and charts summarizing materials obtained during the investigation. Where the evidence shown to the jury ...

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Consumer Law: Home Equity Loans-Failure to Comply with Pretrial Scheduling Order-Dismissal with Prejudice

Plaintiff appealed from the district court’s dismissal of his complaint with prejudice for failure to comply with pretrial scheduling orders. Where plaintiff failed to submit any required filings after repeated warnings by the district court, there was no error in ...

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