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Federal Courts Defendant's Claims of Exemption to the Dual Sovereignty Doctrine and Sham Prosecution Rejected

Defendant's Claims of Exemption to the Dual Sovereignty Doctrine and Sham Prosecution Rejected

By FindLaw Staff | Last updated on March 21, 2019

US v. Mardis, No. 09-5696, involved a district court's denial of defendant's motion to dismiss a federal indictment for civil rights murder of an enforcement...

Federal Courts Denial of Withholding Relief Based on Claimed Political Persecution Upheld

Denial of Withholding Relief Based on Claimed Political Persecution Upheld

By Javier Lavagnino, Esq. | Last updated on March 21, 2019

Pablo-Sanchez v. Holder, No. 09-3301, involved a Mexican family's petition for review of a BIA decision denying withholding of removal.The circuit court denied...

Federal Courts Provisions of Immigration Laws Limiting Jurisdiction Cover Actions Purportedly Arising Under the Constitution

Provisions of Immigration Laws Limiting Jurisdiction Cover Actions Purportedly Arising Under the Constitution

By Javier Lavagnino, Esq. | Last updated on March 21, 2019

In Elgharib v. Napolitano, No. 09-3029, the circuit court was faced with an appeal from a dismissal of a petition for a writ of prohibition challenging an in...

Federal Courts Economic Damages Award in FTCA Suit Rejected Due to State No-Fault Law

Economic Damages Award in FTCA Suit Rejected Due to State No-Fault Law

By Javier Lavagnino, Esq. | Last updated on March 21, 2019

In Premo v. US, No. 09-1426, the circuit court dealt with an appeal in an action brought against the government arising from injuries sustained by plaintiff...

Federal Courts No Bar on Retrial of Defendant For Murdering Wife

No Bar on Retrial of Defendant For Murdering Wife

By FindLaw Staff | Last updated on March 21, 2019

In Girts v. Yanai, No. 08-4592, the Sixth Circuit faced a challenge to the district court's decision to grant an unconditional writ but not to bar retrial for...

Federal Courts Sentence Affirmed For Crack and Powder Cocaine Possession & Distribution

Sentence Affirmed For Crack and Powder Cocaine Possession & Distribution

By FindLaw Staff | Last updated on March 21, 2019

In US v. Stout, No. 08-6025, the Sixth Circuit faced a challenge to the district court's imposition of a 300 month sentence on remand, on a defendant...

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