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restrictions upon bail pending appeal may undoubtedly 'work to the disadvantage' of defendants."). In reaching this conclusion, we are mind of the Supreme Court's decision in Kring Missouri, 107 U.S. 221, 2 S.Ct. 443, L.Ed. 506 (1883). In Krin,g, the Court held that an ex post facto violation had occurred w
d=%7bFEDF5709-3AEA-4F74-8619-... 4/10/2008 EFTA00191715 Page 17 of 24 765 F.2d 944 765 F.2d 944, 53 USLW 2628 (Cite as: 765 F.2d 944) As the Supreme Court has stated, "[p]resent federal law has made an appeal from a district court's judgment of convic- tion ' in a criminal case what is, ' effect, a
remanded. McKay, Circuit Judge, dissented and filed opinion, in which Seymour, Circuit Judge, joined, also filing a separate dissenting opinion. West Headnotes Ill Bail 49 C=.44(1) 49 Bail 491I In Criminal Prosecutions 49k41 Right to Release on Bail 49k44 Pending Appeal or Other Proceeding for Review
S.Ct. 962, 85 LEd. 4416, and Douglas I. City of Jeannette, supra. 01 We think a more likely explanation of the use of this phrase is that the Su- preme Court had in mind such cases as Hague v. C. I. 0., supra, in which it ap- peared that plaintiffs seeking to hold peace- ful meetings and to distribute lit
ate act. For this he was adjudged by the Circuit Court to be in contempt, and put in custody of the United States marshal. Thereupon he applied to the Supreme Court for leave to file a petition for writs of habeas corpus and certiorari, which the court denied. The act was held to be unconstitutional because, am
ngage in sexual activity with a 13-year-old boy, established beyond a reasonable doubt all elements of the charged offenses. Ordered accordingly. West Headnotes Ill Infants C=13 211k13 Most Cited Cases To convict for coercion and enticement, the Government must prove the following elements beyond a reaso
mage. This is a fraction of meritorious child pornography cases. The National Center for Missing and Exploited Children testified that, in light of the Supreme Court's affirmation of the Ninth Circuit decision, prosecutors in various parts of the country have expressed concern about the continued viability of previ
ely unreasonable. While undertaking this calculus, we are not limited to considering only the factors expounded upon by the district court; as the Supreme Court has made clear Section 3553(arremains in effect, and sets forth numerous factors that guide sentencing. Those factors in turn will guide appel
was a valid exercise of Congressional authority under the For- eign Commerce Clause. Affirmed. Ferguson, Circuit Judge, filed dissenting opinion. West Headnotes III Criminal Law 110 413=.18 110 Criminal Law 110I Nature and Elements of Crime Page I 110k12 Statutory Provisions 110k18 k. Extraterritorial O
re, .'s treatment records from the Parent-Child Center, Inc. and Dr. Serge Thys are protected by the psychotherapist-patient privilege pursuant to the Supreme Court's decision in Jaffee'. Redmond, 518 U.S. 1, 116 S.Ct. 1923 3 EFTA00182846 Case 9:08-cv-80811-KAM Document 114 Entered on FLSD Docket 06/05/2009
mise not to prosecute defendant, even though defendant was acquitted on drug charges arising out of incident in question. Reversed and remanded. West Headnotes Criminal Law 110 *C=.42.5(3) 110 Criminal Law 11011 Defenses in General I 10k42 Immunity to One Furnishing Inform- ation or Evidence I 1 0k42.5
d.2d 771, vacated judgment of the Court of Appeals, and remanded. On remand, the Court of Appeals, 322 F.3d 240, again affirmed. On appeal the Su- preme Court, 124 S.Ct. 2783, affirmed the 775 decision which granted the preliminary in- junction, and remanded for trial. Holdings: On remand, the United Sta
in Medicine Bow National Forest where alien was allegedly subjected to statutory rape and sexual assault were on federally owned land. Affirmed. West Headnotes DI Federal Courts O=776 170Bk776 Most Cited Cases Court of Appeals reviews the district court's grant of summary judgment de novo, applying the s
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