I’m in the country-rock band Crossroad County. Heard of us? Of course not. If you had, I wouldn’t need to post this.
The point being, you should be hearing about us. More importantly, you should like us, follow us, friend us, add us, tweet us, digg us, or whatever. Shows start tonight. Details at our officialfacebook page.
Here are the obligatory quotations:
“Staggering.” —Strange Doctrines blog
“Crossroad County will change the way you think about the country rock cover bands. And about the world.” —Unidentified member of Crossroad County
“A band of inexplicable, underappreciated genius.” —Someone talking about the Flying Burrito Brothers
“[L]ike looking into the face of God and seeing Him smiling back and saying, ‘You are my most wondrous creation.’” —James Lipton, on the work of Charles Nelson Reilly
“Meaning is what essence becomes when it is divorced from the object of reference and wedded to the word.” —W.V.O. Quine
New Rules. The Sentencing Commission voted to promulgate new guideline amendments. Of
particular note, §3E1.1 as amended would provide that the government
should not withhold the third point to induce an appeal waiver. Barring
congressional action, the amendments will take effect November 1.
Top of the Ninth - 9th Cir. decisions released during the week.
U.S. v. Yuman-Hernandez
(to establish lack of predisposition for finding of sentencing
entrapment in fictitious stash house robbery, defendant need only show
lack of intent or of capability to deal in quantity of drugs charged).
More on the case from California Appellate Report (via Simple Justice). UPDATE (4.15.13): Ninth Circuit Blog's analysis here.
U.S. v. Dapolito (1st Cir.) (police failure to find defendant's name wasn't reasonable suspicion that we was wanted fugitive). (H/T)
U.S. v. Baird
(1st Cir.) (defendant in 922(j) case who accepted neighbor's offer to
sell him gun then returned it two days later was entitled to innocent
possession instruction). (H/T)
U.S. v. Demmitt
(5th Cir.) (testimony by government witness that he had sworn to
factual resume in his own plea was inadmissible hearsay and not
on-the-stand admission that they were true statements). (H/T)
U.S. v. Logan
(8th Cir.) (defendant's crack-cocaine sentence as subsequently lowered
on government's Rule 35(b) motion was "based on" higher range specified
in (c)(1)(C) agreement, and because Rule 35(b) motion was like
substantial assistance motion, defendant was now eligible under §3582(c)(2) for reduction to sentence below statutory minimum). (H/T)
For the Bookworms - New books and scholarly articles of note.
"Dirty Silver Platters," Wayne A. Logan, Ia. L. Rev. (SSRN)
(takes a comprehensive look at improper working arrangements, and sets
out "a reinvigorated framework to smoke out forum government agent
"Toward a Right to Litigate Ineffective Assistance of Counsel," Ty Alper, Wash. & Lee L. Rev. (SSRN).
"Vulnerability and Just Desert: A Theory of Sentencing and Mental Illness," E. Lea Johnston, J. Crim. L. & Criminology (SSRN).
"Retribution and Revenge in the Context of Capital Punishment," Robert F. Schopp, working paper (SSRN).
Note - "On the Invalidation of Terms in Contracts of Adhesion," Andrew Tutt, Yale J. Regulation (SSRN)
(argues that terms that place risk of loss on costlier cost-avoider or
that grant to one party an option to impose nonreciprocal costs on the
other should be invalidated).
"Terrorism and Associations," Ashutosh Avinash Bhagwat, Emory L.J. (SSRN) (identifies and analyzes First Amendment issues raised by the domestic War on Terror).
"Notes on a Terrorism Trial - Preventive Prosecution, 'Material Support' and the Role of the Judge after United States v. Mehanna," George D. Brown, 4 Harv. Nat'l Sec'y J. 1 (2013) (SSRN) (looks at the preventive-prosecution aspects of the case, and at the challenges the court encountered in applying Holder v. Humanitarian Law Project to terrorism-related speech).
"Race and the Disappointing Right to Counsel," 122 Yale L. Rev. ___ (SSRN) (argues that Gideon may have exacerbated racial disparities in prison).
Confessions of Guilt: From Torture to Miranda and Beyond, George C. Thomas III & Richard A. Leo (2012) (Amazon) (excerpts available at SSRN).
___________________ Suggestions or corrections? Email Michael Drake.