Strange Doctrines: The FPD’s TGIF OMGIM Roundup

For the week of May 8, 2015

Almanza-Arenas v. Lynch (immigration) (en banc order to review decision that held California Vehicle Code §10851 indivisible).
U.S. v. Zamudio (amended opinion rejecting collateral attack on underlying deportation).
Patterson v. Wagner (lapse-of-time provision in extradition treaty with Korea is discretionary).
Harrington v. Scribner (prisoner rights) (district court erred when it instructed jury that prison’s obligations under Eighth Amendment compete with its obligations under Equal Protection Clause) (“A prisoner’s success on an equal protection claim is not dependent on whether the government met its obligations under the Eighth Amendment.”).

U.S. v. Cordero-Rosario (1st Cir.) (alleged lewd acts with minor did not provide basis for search of computer for child pornography). (H/T)
ACLU v. Clapper (2d Cir.) (Patriot Act §215 doesn’t authorize NSA’s bulk collection of call metadata). Four takeaways from the case by Jennifer Daskal, here. (H/T)
U.S. v. Braxton (4th Cir.) (district court’s repeatedly speaking in favor of plea agreement was improper participation in plea negotiations, even though defendant said at colloquy he hadn’t “felt forced or threatened or pushed” to plead guilty). (H/T)
Webster v. Daniels (7th Cir.) (en banc) (§2241) (federal death row inmate wasn’t barred from seeking relief under Atkins and Hall based on new evidence). (H/T)
U.S. v. Sicairos (10th Cir.) (unpub’d) (plain procedural sentencing error, where district court purported to vary downward by two levels imposed low end of initial range without calculating post-variance range, didn’t explain the sentence, and indicated in J&C that it had imposed below-guideline sentence). (H/T)
U.S. v. Howard (10th Cir.) (value of loan for purposes of restitution isn’t necessarily unpaid principal, because downstream noteholders might have paid less). This is already the rule in the Ninth. See United States v. Yeung, 672 F.3d 594, 602 (9th Cir. 2012). (H/T)

“Norms of Computer Trespass ,” Orin Kerr, ___ Colum. L. Rev. ___ (forthcoming) (SSRN). (H/T)
“Dangerous Dicta,” David C. Gray, 72 Wash. & Lee L. Rev. ___ (2015) (Fourth Amendment as “collective” right) (SSRN). (H/T)
“Digital Evidence and the Fourth Amendment: United States v. Ganias and Judicial Recognition of the ‘Right to Deletion,’” Blake Anthony Klinkner, The Wyoming Lawyer 52 (Apr. 2015) (SSRN). (H/T)
“Closing Pandora's Box: Limiting the Use of 404(b) to Introduce Prior Convictions in Drug Prosecutions” (student note), Deena Greenberg, ___ Harv. C.R.-C.L. L. Rev. ___ (forthcoming) (SSRN). (H/T)
“When Silence Isn’t Golden: Misleading a Court by Omission,” Evan A. Jenness, 35-5 LACBA County Bar Update (May 2015) (SSRN).
“What are We Hoping for? Defining Purpose in Deterrence-Based Correctional Programs,” Cecelia M. Klingele, ___ Minn. L. Rev. ___ (___) (SSRN). (H/T)
“The Management of Staff by Federal Court of Appeals Judges,” G. Mitu Gulati & Richard A. Posner, working paper (SSRN). (H/T)
“Penalty Structures and Deterrence in a Two-Stage Model: Experimental Evidence,” Lisa R. Anderson et al., working paper (SSRN). (H/T)
“Going Retro: Abolition for All,” Kevin M. Barry, 46 Loyola U. Chi. L.J. 669 (2015) (SSRN). (H/T)

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Suggestions or corrections? Email Michael Drake.

Strange Doctrines