Author: bostonfd

Federal Court Judicial Forum

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MCLE is presenting a program Tuesday, April 30 from 4-6 pm at the Moakley Courthouse on civil and criminal federal practice and procedure.  Presenters include federal district court judges and magistrates and experienced federal practitioners.  Find out more here.

Discussion on Subconscious Bias

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On Wednesday, April 17  at the Moakley Courthouse there will be a discussion on subconcious bias featuring Charles Ogletree.  For more information and to RSVP, click here.

First Circuit vacates for instructional error

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In United States v. Wu, the First Circuit found the failure to instruct the jury on an element  not harmless in a case involving exportation of items restricted under the United States Munitions List.   The district court instructed the jury that it could not consider the appropriateness of the State Department’s determination that the items belonged on the list, […]

Judge Ponsor Grants Motion to Dismiss In An Illegal Reentry Case

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In a remarkable decision that is an hilariously fun read, Judge Ponsor granted ace Northampton attorney Luke Ryan’s Motion to Dismiss an illegal reentry after deportation prosecution on statute of limitations grounds. The facts leading up to the prosecution are somewhat involved, but in essence the defendant lived open and notoriously in the United States after his […]

Program on Practice Before the Magistrates

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The Boston Bar Association and Federal Bar Association are sponsoring a program on criminal and civil practice before the federal magistrate judges.  It will take place on March 28, from 4-6pm at the Moakley Courthouse.  To get more details and RSVP, click the program here.

First Circuit orders recusal

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On petition for mandamus, the First Circuit has ordered in In Re James Bulger that Judge Stearns recuse himself from the Bulger case.  The Court ruled that a reasonable person would question the capacity for impartiality of any judicial officer with the judge’s background in the Boston federal prosecutorial apparatus during the period covered by the accusations against Bulger.

First Circuit vacates sentence imposed under robbery guidelines

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In United States v. Almeida, the First Circuit has vacated a sentence imposed under the robbery guidelines where the indictment charged a burglary rather than a robbery.  There was conflicting evidence at trial whether the defendant threatened a bank teller or whether the teller was actually involved in the theft.  The district court declared that the […]

Federal Bar Association breakfast series event with Chief Judge Saris

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Members of the defense bar have been invited to attend a breakfast sponsored by the Federal Bar Association and featuring Chief Judge Saris on March 19, 2013.  Judge Saris, who also chairs the Sentencing Commission, will be discussing the November 2012 guideline amendments.  The event is free to all.

EDNY Judge Gleeson on Drug Courts

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EDNY Judge Gleeson issued an informative memorandum and order on the efficacy of federal pre-sentence drug courts, described in the recent New York Times article mentioned below.  The order gives an account of, among other things, a case in which a defendant charged in a 13-kilo case participated in a drug court, which resulted in dismissal of the […]

Pre-trial drug courts

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On March 2, the New York Times published an article on federal pre-trial drug courts across the country.  Read it here.