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Jared Fogle, the disgraced former Subway pitchman, is attempting to reduce his sentence by pushing an argument that’s sure to cause a stir: sex fantasies with minors cannot support an enhanced sentence. It’s an argument that some legal analysts regard with some skepticism, particular when seen in context of the rest of Fogle’s conduct, some of which famously includes traveling specifically to engage in sex with an underage girl. Whichever way this turns out, this case will not simply fizzle away....

District court’s conviction of defendant for aggravated robbery and aggravated murder and sentence of death is affirmed in part as to the conviction, but reversed in part as to the sentence where petitioner’s trial attorney did not provide his client with effective assistance of counsel during the penalty phase of a second trial, specifically, by failing to meaningfully investigate and to present any mitigation evidence. Read Johnson v. Mitchell, No. 00-3350...

501(c)(1) – Corporations Organized Under Act of Congress (including Federal Credit Unions) 501(c)(2) – Title Holding Corporation for Exempt Organization 501(c)(3) – Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, to Foster National or International Amateur Sports Competition, or Prevention of Cruelty to Children or Animals Organizations 501(c)(4) – Civic Leagues, Social Welfare Organizations, and Local Associations of Employees 501(c)(5) – Labor, Agricultural, and Horticultural Organizations 501(c)(6) – Business Leagues, Chambers of Commerce, Real Estate Boards, etc....

The skies may be getting a bit brighter in Utah, if an environmental group gets its way. Wild Earth Guardians, a nonprofit wilderness protection group, has sued the EPA for failure to protect visibility in the Beehive state. The Clean Air Act, while mostly concerned with air pollution emissions, protects visibility in “Class I areas,” primarily large wilderness areas and wildlife refuges. The responsibility for visibility protection is meant to fall on the states, but Wild Earth Guardians argues that EPA must take action after rejecting Utah’s plan....

I love the Ninth Circuit. In 2014, there was not a more interesting or unpredictable docket on the planet. The Ninth Circuit dealt with many hot-button issues such as concealed carry, free speech on YouTube, and the Hobby Lobby fallout. What did you find most interesting? Our 10 most popular posts covered all of the above topics, plus judicial gossip, nominations, and more: What was your Ninth Circuit story of the year?...

A petition for review, a BIA’s decision affirming IJ’s denial of a Mexican national’s motion to reopen removal proceedings on the ground that based on intervening developments in the law, the conviction of felony drunk driving was not a proper basis for removal, is denied as petitioner’s motion to reopen was unquestionably time-barred. Read Munoz de Real v. Holder, No. 09-1945 Appellate Information On Petition for Review from an Order of the Board of Immigration Appeals...

Defendant Avery Lundquist was convicted of possessing and receiving child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A) and (a)(5)(B). Among the library of images was one of “Amy,” (a pseudonym) – a young woman who was sexually abused by her uncle when she was four years old. Amy’s uncle documented his abuse of Amy in photographs and posted them on the Internet. Amy is now in her twenties, but the pornographic images of her as a child taken by her uncle remained on the Internet....

In Byers v. Intuit, Inc., No. 09-1997, the Third Circuit faced a challenge to the district court’s dismissal of plaintiffs’ suit against Free File Alliance (FFA) and its members claiming violations of the Independent Offices Appropriations Act (IOAA) for charging fees in exchange for providing e-filing services, as well as a claim under section 1 of the Sherman Antitrust Act. As stated in the decision: “From the plain language of the statute, it is evident that the IOAA applies only to entities that are considered to be an “agency” under the statute....

Possession may be nine-tenths of the law, but it’s unnecessary for a bank in Minnesota to possess a promissory note when it commences foreclosure. Kenath Stein challenged the validity of both the foreclosure of his home by Chase Home Finance (Chase), and the redemption of his home by National City Bank (National), a junior lienholder. The Eighth Circuit Court of Appeals sided with the banks this week. Stein defaulted on Chase Bank’s mortgage by failing to make a loan payment due on March 1, 2008....

On Tuesday, a panel of the Third Circuit Court of Appeals heard arguments in what’s been dubbed the “I Heart Boobies” case. This lawsuit has it all – the First Amendment, the ACLU and “boobies.” The case involves two female middle school students at Easton Area Middle School. The students were suspended for wearing breast-cancer awareness bracelets that had the words “I Heart Boobies– Keep a Breast Foundation.” The school claimed that the bracelets were lewd and violated the school’s dress code....

Billy Flynn, Broadway’s most beloved singing lawyer, knew the importance of giving the jury that “old razzle dazzle.” But Flynn was a figment of Bob Fosse’s imagination. And he was presumably licensed and wealthy. What about the struggling law students who have yet to razzle, dazzle, or amass a personal fortune? Don’t they deserve a musical, too? Students at the University of Colorado Law School seem to think so: they will be performing their “First Annual Colorado Law School Musical, Glamorous Law School,” April 12-14 at the Dairy Center for the Arts Carsen Theater in Boulder, Colo....

Sentence and conviction of multiple defendants for drug conspiracy and related crimes involving corrupt police officers is affirmed where: 1) defendants did not offer evidence to prove a variance between the conspiracy charged and that proven, and the evidence presented by the government was sufficient to establish defendants’ participation in the overall conspiracy; 2) defendant’s section 924(c) conviction is supported by sufficient evidence that he carried a firearm during and in relation to the the attempted ripoff; 3) district court did not err in denying a defendant’s motion for judgment of acquittal and motion for a new trial based on evidence of quantity of drugs; 4) defendant’s conviction under section 924(c) is affirmed as it was reasonably foreseeable that a co-conspirator would have used a weapon during the ripoff; 5) district court did not clearly err in finding that defendant was not entitled to a minor role reduction in his offense level; and 6) district court did not commit clear error in applying a four-level enhancement for use of body armor....

Defendant’s sentence to 28 months’ imprisonment for possession with intent to distribute cocaine base is affirmed as the district court properly attributed six criminal history points to defendant’s prior convictions and two additional points under U.S.S.G. section 4A1.1(e) because the instant offense occurred less than two years after his release from his juvenile confinement, for a total of eight criminal history points and a sentencing guidelines range of 24 to 30 months....

It happens. An innocent person’s life is thrown into shambles because of a false accusation. A police officer shows up and starts asking you questions. He’s saying someone accused you of rape, theft, fraud. You’re innocent, but they don’t believe you. You’re being falsely accused. What do you do? Here are three things you should keep in mind if there are false allegations of a crime. 1. Don’t Say Anything Anything you say can and will be used against you....

In what will likely be& the next case regarding the Establishment Clause to be appealed all the way to the Supreme Court (no matter which way the appellate ruling goes), we have two citizens contesting a city’s approval of a church’s permit to display crosses in a public area. Why the church needs to display crosses in a busy downtown area of the city is unclear, but you can’t say they’re not persistent....

Oh, the good ol’ Tenth Circuit. For a circuit that covers a geographically large portion of the United States, the case law coming out of there can sometimes not be as compelling as circuits with cities like New York or San Francisco. But, that doesn’t mean all Tenth Circuit cases are folly. In fact, when they mean business, they get the whole country’s attention. Tenth Circuit in the News With Utah’s large Mormon population, we suppose it was just a matter of time before a polygamy case was heard....

We have sports on the brain as we prepare for the most important football game of the year this weekend, so we’re taking a break from our usual coverage of attorney sanctions and standing to check on the progress of the 2011 NBA Lockout. How, you might wonder, is the players’ lockout related to the Second Circuit Court of Appeals? We’re glad you asked. National Basketball Association (NBA) players are part of a union, the National Basketball Players Association (NBPA)....

A company can be held responsible for the retaliatory actions taken by one co-worker against another, even when those workers are just low-level employees, the Second Circuit ruled on Monday. The decision makes it easier for employers to be held liable under a “cat’s paw” theory of liability. “A what?” you ask. A cat’s paw. That is, the sort of obscure theory of liability coined by Seventh Circuit Judge Richard Posner and relating to an ancient Aesop fable....

Perhaps conscious to the appearance of insensitivity to the current budget crisis, specifically, the federal court system’s budget crisis caused by sequestration, the Sixth Circuit has agreed to do what many other circuits have declined to do: cancel the party. By law, the heads of each circuit are authorized to have a judicial conference either every year, or every other year. In the Sixth Circuit, there is a biennial judges-only conference, as well as a biennial open conference for judges and lawyers in the intervening years....

Thomas v. Durastanti, 07-3343, involved an action claiming that a BATF agent violated plaintiff’s Fourth Amendment right to be free from unreasonable seizures when the agent shot plaintiff. The court of appeals reversed the denial of summary judgment based on qualified immunity, holding that a reasonable officer would have had probable cause to believe that there was a threat of serious physical harm to himself or others in the situation presented....