Libraries are bridges to information and knowledge.

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August 24 – 28, 2009.

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw.

U.S. 1st Circuit Court of Appeals, August 24, 2009 US v. Padilla-Colon, No. 07-2372 Conviction of defendant for possession of drugs with intent to distribute is affirmed where, although defendant’s waiver of appeal was invalid, there was no error in the district court finding that defendant did not qualify for the safety valve provision of 18 U.S.C. section 3553(f), based on a reasoned assessment of the defendant’s credibility in light of the facts on record.

U.S. 1st Circuit Court of Appeals, August 24, 2009 Crawford v. Clarke, No. 08-2100 In an action brought by Muslim inmates in the custody of the Massachusetts Department of Corrections (DOC) alleging the Commissioner violated their right to freely exercise their religion, grant of an injunction in favor of inmates is affirmed where the district court did not abuse its decision in denying Commissioner’s motion for reconsideration as the Commissioner sought to introduce evidence that could have been introduced at trial but chose not to.

U.S. 1st Circuit Court of Appeals, August 26, 2009 US v. Calderon, No. 05-2650 District court’s sentence and conviction of defendants for conspiring to possess drugs with the intent to distribute is affirmed where: 1) under the totality of the circumstances, the existence of common purpose, distribution of drugs, interdependence of various elements in the overall plan, and overlap among defendants, a reasonable jury could have convicted each of the defendants of the single conspiracy charge; 2) district court did not err in allowing a witness to testify as the defendant had not preserved a delayed disclosures claim; 3) court did abuse its discretion in admitting evidence of a firearm as it was clearly a relevant evidence and Rule 403 balancing did not weigh in favor of exclusion; 4) district court did not abuse its discretion in ruling that murder evidence was relevant, and even were the circuit court to conclude that the district court erred in admitting the evidence, the error would not be clear or obvious; 5) district court did not err in severing! defendant’s trial from his codefendants as he did not file a severance motion before trial; and 6) district court did not err in determining the drug quantity findings in sentencing the defendants under the sentencing Guidelines Continue reading

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The Jerusalem Post reports that Israeli authorities are trying to fight back against the violence that has become endemic in the country. Internal Security Minister Yizhak Aharonovich said violence has become “routine” despite the efforts of police. Prime Minister Binyamin Netanyahu said he considers violence and bullying to be a sort of internal terrorism and that his government would follow a policy of “zero tolerance to violence, both verbal and physical”. Prime Minister Netanyahu presented a plan for change that includes harsher punishments, increased police presence on the streets and limiting alcohol sales..

Jerusalem Post

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According to the Editors of The Crime Report, the movement to ban shackling pregnant prisoners is gaining momentum. On August 26, 2009, Governor David Paterson of New York signed a bill (now NY Chapter 411 2009) banning the practice for all but the most unruly inmates. What is happening in your state?

Only six states-California, Illinois, New Mexico, New York, Texas and Vermont-have legislation regulating the use of restraints on pregnant women. Women detained in 44 states, the District of Columbia and the Federal Bureau of Prisons lack such legislative protection. Some state departments of corrections did not provide details on what type of restraints may be utilized during labor, nor did they provide their policy.

(Research provided by Amnesty International and The Rebecca Project for Human Rights.)

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The program, known asConficker( http://www.us-cert.gov/cas/techalerts/TA09-088A.html), uses flaws in Windows software to co-opt machines and link them into a virtual computer that can be commanded remotely by its authors. With more than five million of these zombies now under its control government, business and home computers in more than 200 countries this shadowy computer has power that dwarfs that of the worlds largest data centers. Conficker continues to confound the efforts of security experts to trace its origins and determine its purpose.

For additional commentary see John Markoff’s article, “Defying Experts, Rogue Computer Code Still Lurks”, published in the August 27, 2009 New York Times.

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw:

August 18 – 27, 2009.

View FindLaw’s new Case Summary Blog for the U.S. 2nd Circuit Court of Appeals
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW Okin v. Cornwall-on-Hudson, No. 06-5142 In a 42 U.S.C. section 1983 action alleging that defendants-officers permitted plaintiff’s partner to abuse her, summary judgment for certain defendants is affirmed in part where plaintiff failed to show a genuine issue of material fact as to whether defendants enhanced the risk of violence by making explicit assurances to the perpetrator. However, the ruling is reversed in part where plaintiff raised a genuine issue of material fact as to whether defendant-officers implicitly but affirmatively sanctioned the abuse.

CRIMINAL LAW & PROCEDURE, SENTENCING US v. Dhafir, No. 05-5965 Defendant’s Medicare fraud sentence is vacated where the district court overlooked an alternate means of determining which sentencing provision under U.S.S.G. section 2S1.1(a) applied to the charges against defendant
CRIMINAL LAW & PROCEDURE, SENTENCING US v. Ware, No. 07-5222 Defendant’s securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant’s retrial because he himself moved for a mistrial. However, his sentence is vacated where the district court made insufficient findings regarding defendant’s role in the conspiracy for sentencing purposes.

CRIMINAL LAW & PROCEDURE, EVIDENCE US v. Pizzonia, No. 07-4314 Defendant’s Racketeer Influenced and Corrupt Organizations (RICO) Act conviction is affirmed where, even though the predicate acts proved by the government were outside the statute of limitations, other trial evidence permitted the jury to conclude that both the charged racketeering conspiracy and defendant’s membership in it continued into the limitations period.
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Beth Doyle and Holly Robertson have launched a new online blog devoted to preservation and conservation administration called PCAN or Preservation and Conservation Administration News. http://prescan.wordpress.com/

Below is the description from their site that explains what PCAN is trying to accomplish. They are very excited about this site and hope that you, too, will find it useful. Their first post is up and concerns training library and archives conservators

Back in the day we had two great print publications, Conservation Administration News and the Abbey Newsletter. Before the internet and social networking, these were THE publications for news and information related to library and archives preservation and conservation. Now through the use of the internet, discussion groups, blogs, wikis, etc., we have more ways to communicate than ever, but you still need to be tuned in to the right place at the right time and have the rights to view the content.

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The 2009 Fall Conference Washington, DC.

November 6, 2009

“The ABA Criminal Justice Section, in cooperation with our co-sponsors, is proud to present a one-day seminar to address a broad array of sentencing and reentry issues, with a particular emphasis on sentencing practice in white-collar cases. The conference will examine sentencing and reentry trends and opportunities for reform at both the federal and state levels. The program will begin with a plenary session on the state of the sentencing union including rates of incarceration, sentencing trends, racial disparity, alternatives to incarceration, and recent federal legislation. There will be two tracks of instruction focused on reentry and two focused on sentencing, each addressing issues of concern to different segments of the criminal justice community, including probation and parole officials, white collar crime defense attorneys, prosecutors, academics, public defenders, judges, sentencing consultants, mitigation specialists, corrections personnel, victim advocates and policy experts. One track will focus on practice and procedure issues of particular concern to criminal defense attorneys in general and white collar practitioners in particular. Confirmed speakers include Jeremy Travis, President of the John Jay College of Criminal Justice and the U. S. Sentencing Commission. The second annual conference is hoped to again attract a broad cross-section of those involved in perhaps the most pressing criminal justice issues of our time”.

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