Various Unpublished Decisions
Burrell v. Armijo, 2006 WL 2045821 (7/24/06)(unpub'd) - This case maybe provides some fodder to challenge tribal court convictions. The 10th refused to apply the collateral estoppel doctrine to a tribal court decision of questionable fairness.
U.S. v. Cunningham, 2006 WL 2089776 (7/28/06)(unpub'd) - A decision that forebodes the treatment of any challenge to the new sex abuse mandatory minima. The 10th held the 15 year mandatory minimum for attempted child exploitation was not cruel and unusual punishment [noting Congress' intent to eliminate the chance for those liberal federal judges to depart downward] or a violation of the separation of powers doctrine [Congress has the power to define criminal punishment without giving the courts any sentencing discretion]. Interestingly, the unlucky defendant had ongoing computer relationships with two different minors, both of whom were actually adult agents involved in two different operations. Are there actually any real minors out there in cyberworld?
U.S. v. Osborne, 2006 WL 2065177 (7/26/06)(unpub'd) - The d. ct. correctly refused to reduce the defendant's offense level for using the firearm "solely for sporting purposes" under USSG ยง 2K2.1(b)(2), despite the government's stipulation, because the defendant used the firearm in a feigned suicide attempt.
Martinez v. Martinez, 2006 WL 2076792 97/27/06)(unpub'd) - The d.ct. incorrectly dismissed the prisoner's complaint about a guard's assault on him. That the prisoner was properly convicted of assault on one occasion did not preclude a claim that he was an assault victim on another occasion.
Strope v. Sebelius, 2006 WL 2045840 (7/24/06)(unpub'd) - The plaintiff stated a valid constitutional claim when he alleged prisoners on kosher diets were routinely served spoiled food.
Adams v. Neubauer, 2006 WL 2065181 (7/26/06)(unpub'd) - Prisoners are not covered by the Fair Labor Standards Act minimum wage law. Compensation for prison work is a matter of grace, not right.
U.S. v. Cunningham, 2006 WL 2089776 (7/28/06)(unpub'd) - A decision that forebodes the treatment of any challenge to the new sex abuse mandatory minima. The 10th held the 15 year mandatory minimum for attempted child exploitation was not cruel and unusual punishment [noting Congress' intent to eliminate the chance for those liberal federal judges to depart downward] or a violation of the separation of powers doctrine [Congress has the power to define criminal punishment without giving the courts any sentencing discretion]. Interestingly, the unlucky defendant had ongoing computer relationships with two different minors, both of whom were actually adult agents involved in two different operations. Are there actually any real minors out there in cyberworld?
U.S. v. Osborne, 2006 WL 2065177 (7/26/06)(unpub'd) - The d. ct. correctly refused to reduce the defendant's offense level for using the firearm "solely for sporting purposes" under USSG ยง 2K2.1(b)(2), despite the government's stipulation, because the defendant used the firearm in a feigned suicide attempt.
Martinez v. Martinez, 2006 WL 2076792 97/27/06)(unpub'd) - The d.ct. incorrectly dismissed the prisoner's complaint about a guard's assault on him. That the prisoner was properly convicted of assault on one occasion did not preclude a claim that he was an assault victim on another occasion.
Strope v. Sebelius, 2006 WL 2045840 (7/24/06)(unpub'd) - The plaintiff stated a valid constitutional claim when he alleged prisoners on kosher diets were routinely served spoiled food.
Adams v. Neubauer, 2006 WL 2065181 (7/26/06)(unpub'd) - Prisoners are not covered by the Fair Labor Standards Act minimum wage law. Compensation for prison work is a matter of grace, not right.
posted by Anonymous at 1:51 PM
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