Criminal Law Reporter Index-Summary

FAIR TRIAL AND HEARINGS

– Sentencing, judge's comments re corruption in alien defendant's homeland (2d Cir.), 86:110

FALSE STATEMENTS

– Mens rea (3d Cir.), 86:13

FEDERAL JURISDICTION

– Chemical weapons law, individual standing to challenge (3d Cir.), 86:10
– Commerce Clause

See COMMERCE CLAUSE

– Sex offenders, law allowing civil commitment after sentence served (U.S., rev grant), 86:47

FEDERAL SENTENCING GUIDELINES

– Criminal contempt as felony (11th Cir.), 86:9
– Departures from guidelines

– – Judge's consideration of whether sentence would survive appeal (8th Cir.), 86:139
– – Rule 35 reduction, factors other than defendant cooperation as basis (6th Cir.), 86:140

– Downward variance for convicted public figures, reasonableness (11th Cir.), 86:16
– Drugs, sentence-enhancing priors, sloppy notice (7th Cir.), 86:133
– Due process, supervised release, notice of special conditions unrelated to offense of conviction (U.S., rev sought), 86:147
– Enhancement

– – Firearms, alteration of serial number (5th Cir.), 86:139
– – Offenses involving sex with minors (6th Cir.), 86:102

– Judge's ethical obligations, fraud guidelines, 86:143
– Motion to reduce sentence, Fed. R. Crim. P. 35 (7th Cir.), 86:100
– Obstruction of justice, enhancement re refusing to assist investigation of terrorism (7th Cir.), 86:72

FIFTH AMENDMENT

– Self-incrimination

See SELF-INCRIMINATION

FIREARMS AND WEAPONS

– Federal jurisdiction, chemical weapons law, individual standing to challenge (3d Cir.), 86:10
– Federal sentencing guidelines, enhancement for alteration of serial number (5th Cir.), 86:139
– Jury instructions, homicide, inference of malice from use of deadly weapon (S.C.), 86:109
– Minors, ban on possession of pistols (1st Cir.), 86:67
– Possession by felon

– – Guilty plea, ban on judge's participation in absence of plea agreement (8th Cir.), 86:105
– – Investigative detentions, reasonable suspicion, pedestrian admission to drinking (D.C. Cir.), 86:138
– – Mental health records of informer, defendant review, due process (10th Cir.), 86:134
– – Search and seizure, community caretaking doctrine, warrantless entry of home to find parent of lost child (E.D. Va.), 86:138
– – State-jail felony as predicate (Tex. Crim. App.), 86:108

– Possession in vehicle, exemption for gun enclosed in case, vehicle console (Ill.), 86:108
– Possession of loaded gun in public place, fenced front yard (Cal. Ct. App.), 86:76
– Sentence enhancement for prior violent felony, larceny from person (2d Cir.), 86:137
– Testimonial statements, ballistics statement confirming firearm operability, harmless error (Mass. App. Ct.), 86:108
– Type of firearm used during offense, jury findings (U.S., rev grant), 86:19

FIRST AMENDMENT

– Freedom of speech

See FREEDOM OF SPEECH

FLORIDA

– Miranda warnings, failure to expressly advise defendant of right to have counsel present (U.S., rev grant), 86:47

FOREIGN CORRUPT PRACTICES ACT (FCPA)

– American Conf. Inst. National Conference on Foreign Corrupt Practices Act, agenda announced, 86:113

FORFEITURE

– Medical marijuana dispensary, federal forfeiture of cash, search warrant omissions (9th Cir.), 86:128
– Probable cause, post-seizure determination (U.S., rev grant), 86:45

FRAUD

– Conspiracy, double jeopardy, one offense with two means of commission (3d Cir.), 86:130
– Federal sentencing guidelines, judge's ethical obligations, 86:143
– Honest services fraud

– – Elements of proof, jury bias (U.S., rev grant), 86:82
– – Public official misconduct, state law violation (U.S., rev grant), 86:47

– Mail fraud

See MAIL FRAUD

– Securities

See SECURITIES

FREEDOM OF SPEECH

– Animal cruelty depictions (U.S., rev grant), 86:46
– Animal Enterprise Protection Act, application to group with website (3d Cir.), 86:105
– Child pornography, PROTECT Act pandering provision (U.S., rev den), 86:22
– Counterfeiting statute banning sale or distribution of goods bearing trademarks without holder consent (Pa.), 86:73