Author / GDG
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Fourth Circuit Finds No FBAR Penalty Exceptions for Voluntary Disclosure and Plea Bargains
In U.S. v. Williams, 2012 U.S. App. LEXIS 15017; 2012-2 U.S. Tax Cas. (CCH) P50, 475, the United States Court of Appeals for the Fourth Circuit held that a taxpayer could be…
September 6, 2012 -
Eighth Circuit Finds That Two Nearly Simultaneous Drug Sales Are One Offense for Sentencing Purposes
In United States v. Willoughby, 653 F.3d 738 (8th. Cir. 2011), Defendant Willoughby appealed from the United States District Court for the Western District of Missouri, which designated him an armed career…
August 10, 2012 -
Child Pornography Sentence Vacated
In United States v. Inman, 666 F.3d 1001; 2012 U.S. App. LEXIS 1394, The United States Court of Appeals for the Sixth Circuit vacated the sentence of defendant Brandon Inman, a federal…
August 7, 2012 -
Pennsylvania Court Considers the Standard of Proof Required for Online Child Abuse Registry
In G.V. v. Department of Public Welfare, Caregiver G.V. appealed the order of the Pennsylvania Department of Public Welfare (DPW), Bureau of Hearings and Appeals’, which adopted an administrative law judge’s recommendation…
August 2, 2012 -
Court of Appeals for the Third Circuit Upholds Defendant’s Classification as a “Career Offender”
In U.S. v. Marrero, No. 11-2351 2012 U.S. App. LEXIS 8386, Defendant Ricardo Marrero appealed his judgment of sentence after pleading guilty to two counts of bank robbery. Marrero claimed the District…
June 13, 2012 -
5th Circuit Increases Defendant’s Sentence for “Importation” of Narcotics in Routine Distribution Case
In U.S. v. Rodriguez, 666 F.3d 944; 2012 U.S. App. LEXIS 202, Defendant Melanie Marie Rodriguez pled guilty to possession with intent to distribute more than fifty grams of a mixture and…
June 8, 2012 -
3rd Circuit Rules That Tip From Reliable Source Plus Dark Window Tint Does Not Provide Reasonable Suspicion to Stop and Search a Vehicle
The Court of Appeals for the Third Circuit recently handed down a significant decision concerning evidence suppression in U.S. v. Lewis. After receiving a tip from a reliable source that individuals in…
June 6, 2012 -
New Jersey Residents Do Not Give Up Their Expectation of Privacy When Hosting Large House Parties – Even When Violating Noise Ordinances
In New Jersey v. Kaltner, the Supreme Court of New Jersey held that a trial court correctly suppressed drug evidence found in a bedroom during a warrantless search of a residence by…
May 21, 2012 -
Child Pornography Legal To View Online In New York – Court Rules That Looking At Porn Doesn’t Mean Possession
In The People v. James D. Kent, 2012 NY Slip Op 3572, the Court of Appeals of New York reversed Defendant Kent’s conviction for possession of child pornography as to counts relating…
May 17, 2012 -
Third Circuit Rules that Federal Sentencing Enhancement for Possessing a Firearm While Committing A Felony Applies – Even When the Felony is the Burglary of the Same Firearm
In United States v. Keller, 666 F.3d 103 (3d Cir. 2011), the prosecution appealed a decision of the United States District Court for the Western District of Pennsylvania, which found that a…
April 27, 2012