Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
In US v. Alfaro-Moncada, No. 08-16442, the Eleventh Circuit affirmed defendant's child pornography possession conviction, holding that 1) customs officials had statutory authority under 6 U.S.C. section 1581(a) to search the cabin; 2) the suspicionless search of defendant's cabin on a foreign cargo ship, while it was docked at the Antillean Marine on the Miami River, was not a violation of the Fourth Amendment; 3) defendant knew that he was in possession of child pornography; and 4) the 87-month, within the guidelines, sentence in this case was not outside the range of reasonableness.
In US v. Boffil-Rivera, No. 08-16098, the court of appeals affirmed defendant's conviction for making a false statement of material fact in a matter within the jurisdiction of a government agency, holding that 1) there was sufficient evidence for a jury to conclude that defendant's statement was false; 2) given that defendant denied having anything to do with guns despite having held the gun at issue for pictures and claiming ownership of it, a reasonable juror could have concluded that defendant intentionally lied to agents when they asked whether he had a gun; and 3) because possessing a gun violated the conditions of defendant's release, a reasonable juror could have concluded that defendant's statement was capable of influencing the agency's investigation.
Sign into your Legal Forms and Services account to manage your estate planning documents.
Sign InCreate an account allows to take advantage of these benefits: