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Where an employee’s first request for leave under the Family Medical Leave Act was denied and the employee claimed he was confused about the meaning of a second letter and that he believed he was on provisional leave because of ...

Tagged with: Employer - Employee FMLA

Where a guidelines amendment did not lower a drug defendant’s applicable guidelines range, the district court did not have the authority to grant a Section 3582(c)(2) reduction, so the defendant’s reduced sentence is vacated and remanded. Sentence is reversed and ...

Where a defendant convicted of illegal reentry into the country did not stipulate to any elements of the offense and called into doubt elements of the crime during cross-examination and closing arguments, the district court did not err in denying ...

Tagged with: Acceptance Of Responsibility Criminal Law Illegal Reentry sentencing

Where the district court increased the offense level of a criminal defendant in a fraud case on the ground that the conspiracy involved “the production or trafficking” of a counterfeit access device, the court should not have applied the enhancement ...

Tagged with: Criminal Law sentencing

Where a defendant who pleaded guilty to receipt of material involving the sexual exploitation of minors had a 1968 state conviction for committing lascivious acts with children, the district court did not err in concluding that the prior conviction triggered ...

Tagged with: Criminal Law Enhancements Prior Conviction sentencing

Where the government showed that an investment broker maintained personal assets in domestic and offshore entities and made attempts to shield his assets soon after the IRS made an assessment of taxes and threatened to levy on his assets, a ...

Tagged with: Criminal Law Sufficiency Of Evidence Tax Evasion

Where officers who were executing a search warrant on defendant’s home presented him with a gun but did not directly question him about the gun, the defendant was not being interrogated despite his claim that the officers’ actions were reasonably ...

Tagged with: Criminal Law Interrogation Miranda

Where a defendant, who was convicted on charges that he distributed heroin resulting in death, appealed the limitation of his cross examination of government witnesses, continued cross examination would have added only marginally to any impeachment that the defendant hoped ...

Tagged with: Criminal Law Drug Distribution

Where defendants facing drug conspiracy charges argued they were prejudiced because their ability to test the veracity of witnesses through cross examination was compromised by the witnesses’ conversations with each other, the district court did not abuse its discretion in ...

Tagged with: Criminal Law Drug Conspiracy hearsay

(1)Where a district court refused to allow evidence of a defendant’s state court convictions for sexual abuse of the same girl for which he was charged with sexually exploiting and other federal charges, the court did not abuse its discretion ...

Tagged with: Child Pornography Consent Criminal Law

Even though a child victim of sexual abuse never described the sexual act, the victim and her sister circled descriptive words on a diagram and evidence showed that when the mother entered her home the victims were crying and the ...

Tagged with: child abuse Criminal Law Sufficiency Of Evidence