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Kanter pleaded guilty to mail fraud, 18 U.S.C. 1341, based on his submission of bills to Medicare for non-compliant therapeutic shoes and shoe inserts. Due to his felony conviction, he is prohibited from possessing a firearm under both federal and Wisconsin law, 18 U.S.C. 922(g)(1) and Wis. Stat. 941.29(1m). He challenged those felon dispossession statutes under the Second Amendment, as applied to nonviolent offenders. The Seventh Circuit affirmed judgment upholding the laws. Even if felons are entitled to Second Amendment protection, so that Kanter could bring an as-applied challenge, the government met its burden of establishing that the felon dispossession statutes are substantially related to an important government interest in preventing gun violence. Congress and the Wisconsin legislature are entitled to categorically disqualify all felons—even nonviolent felons like Kanter—because both have found that such individuals are more likely to abuse firearms. The “bright line categorical approach … allows for uniform application and ease of administration.” View "Kanter v. Barr" on Justia Law

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The First Circuit affirmed the decision of the district court denying Defendant’s motion to suppress and sentencing Defendant, holding that the evidence was not obtained in violation of Defendant’s Fourth Amendment rights and that Defendant was properly sentenced. Defendant was convicted for producing six videos depicting him sexually assaulting a three-year-old child. Defendant appealed the denial of his motion to suppress evidence recovered from his residence and statements he made to law enforcement at his residence and during a later interrogation. The district court concluded that Defendant knowingly and voluntarily consented to the search of his residence and that there was no Fourth Amendment violation. At sentencing, Defendant argued that the charges were multiplicitous because the videos were taken during one continuous sexual assault. The district court disagreed and sentenced Defendant to a fifty-year term of imprisonment. The First Circuit affirmed, holding (1) even assuming that law enforcement committed a Fourth Amendment violation before encountering Defendant, any prior illegality did not influence Defendant’s subsequent consent to the search of his computer and hard drives, and Defendant’s consent to the search was knowing and voluntary; and (2) the proper unit of prosecution under 18 U.S.C. 2251(a), the federal child pornography statute, is each video depicting the victim. View "United States v. Smith" on Justia Law

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Freedom From Religion Foundation (FFRF), a nonprofit organization, “[t]akes legal action challenging entanglement of religion and government, government endorsement or promotion of religion.” FFRF paid its co-presidents a portion of their salaries in the form of a housing allowance, seeking to challenge 26 U.S.C. 107, which provides: In the case of a minister of the gospel, gross income does not include— (1) the rental value of a home furnished to him as part of his compensation; or (2) the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home. Having unsuccessfully sought refunds from the IRS based on section 107 they sued. The district court granted FFRF and its employees summary judgment, finding that the statute violates the Establishment Clause of the First Amendment. The Seventh Circuit reversed, applying the “Lemon” test. The law has secular purposes: it is one of many per se rules that provide a tax exemption to employees with work-related housing requirements; it is intended to avoid discrimination against certain religions in favor of others and to avoid excessive entanglement with religion by preventing the IRS from conducting intrusive inquiries into how religious organizations use their facilities. Providing a tax exemption does not “connote[] sponsorship, financial support, and active involvement of the [government] in religious activity.” FFRF offered no evidence that provisions like section 107(2) were historically viewed as an establishment of religion. View "Gaylor v. Peecher" on Justia Law

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The Supreme Court dismissed Appellant’s appeal from an order entered in the circuit court dismissing without prejudice Appellant’s pro se civil rights complaint for failure to provide proof of service in compliance with Ark. R. Civ. P. 4(i)(1), holding that the order appealed from was not final. The Supreme Court noted that a plaintiff who has had his case dismissed without prejudice under Rule 4(i) may refile those claims. Because this was the first dismissal of Appellant’s underlying complaint, his complaint may be refiled under the provisions of Ark. R. Civ. P. 41. Therefore, the Court held that there was no final order on the merits and this Court did not have appellate jurisdiction. View "Nooner v. Kelley" on Justia Law

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In this appeal from the grant of Defendant’s motion to suppress, the Supreme Court Court adopted the good-faith exception to the exclusionary rule set forth by the United States Supreme Court in Herring v. United States, 555 U.S. 135 (2009), but nevertheless affirmed the decision to suppress the evidence, holding that neither of Defendant’s arrests fell within the good-faith exception. A police officer arrested Defendant without a warrant because he was on a list of individuals who had been barred from housing authority property. Upon performing a search incident to arrest, the officer seized marijuana from Defendant. Almost three weeks later, the same officer again arrested Defendant on the same property based on the same list and again seized marijuana from Defendant. When it was discovered that the list was incorrect and that Defendant’s name should have been removed before he was arrested, the trial court suppressed the evidence in both cases. The court of criminal appeals affirmed. The Supreme Court affirmed, holding (1) it is appropriate at this point to adopt the good-faith exception set forth in Herring; but (2) the facts of this case did not support application of the good-faith exception to the exclusionary rule. View "State v. McElrath" on Justia Law

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The Supreme Court affirmed the decision of the district court denying without an evidentiary hearing Appellant’s motion for postconviction relief, holding that the district court did not err in denying postconviction relief without holding an evidentiary hearing. Appellant was convicted of first-degree murder and use of a firearm to commit a felony. In his postconviction motion, Appellant alleged that his trial counsel provided ineffective assistance. The district court denied the motion without a hearing. The Supreme Court affirmed, holding that counsel provided effective assistance and that the district court did not err in denying Appellant’s motion for postconviction relief without an evidentiary hearing. View "State v. Martinez" on Justia Law

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The Ninth Circuit affirmed the district court's grant of summary judgment for the school district in a 42 U.S.C. 1983 action alleging that the district violated a student and his parents' First Amendment and Fourteenth Amendment substantive due process rights when it expelled the student for one year. The student was expelled for creating a hit list of students that "must die." Under the circumstances of this case, including the nature of the hit list, the student's access to firearms, and the close proximity of the student's home to the high school, the decision to discipline the student for his off-campus speech did not violate his constitutional right to free speech. The panel clarified that courts considering whether a school district may constitutionally regulate off-campus speech must determine, based on the totality of the circumstances, whether the speech bears a sufficient nexus to the school. The panel stated that there is always a sufficient nexus between the speech and the school when the school district reasonably concludes that it faces a credible, identifiable threat of school violence. Furthermore, a student's lack of intent to convey his off-campus speech to any third party is relevant to an evaluation of whether the speech constitutes a credible threat, but is not dispositive. In this case, taken as a whole, the considerations that guide application of the nexus test supported the school district. Finally, the parents' claims alleging violations of their substantive due process failed because their fundamental right to choose the student's educational forum was not infringed by the school district's discipline of the student. View "McNeil v. Sherwood School District 88J" on Justia Law

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The Eleventh Circuit affirmed the district court's denial of qualified immunity to a police officer in an action brought by plaintiff, alleging that the officer used excessive force during a routine traffic stop. The court held that a police officer, like the one here, was not entitled to qualified immunity when he intentionally applies unnecessarily tight handcuffs to an arrestee who is neither resisting arrest nor attempting to flee, thereby causing serious and permanent injuries. In this case, plaintiff was in handcuffs for more than five hours and suffered nerve damage to his hands and risks. The court held that such injuries that were not de minimus. View "Sebastian v. Ortiz" on Justia Law

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Illinois law requires sex offenders to register with the police. Offenders with a fixed residence were required to register either every 90 days or annually; homeless offenders were to report weekly. Some Chicago officers thought the weekly requirement was burdensome and “steered” offenders to identify a residence. Officers directed Regains to a homeless shelter, which they listed as his permanent address, and to return for re-registration in 90 days. When he reported three months later, Regains was arrested on an “investigative alert,” because other officers had not been able to locate Regains at the address provided. Regains remained in custody 17 months before the Illinois trial court found him not guilty of failing to a report a change of address. Regains sued the city under 42 U.S.C. 1983. The district court dismissed the claim as time-barred under Illinois’ two-year statute of limitations for personal injury claims and found that the amended complaint lacked sufficient factual details to give fair notice. The Seventh Circuit reversed, concluding that the claim accrued when Regains was released from custody. The court remanded, noting that it will be difficult for Regains to amend his complaint to allege a policy or practice, widespread enough to constitute a custom and that high-ranking Department members knew of the differing practices and allowed them to continue. View "Regains v. Chicago" on Justia Law

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The First Circuit affirmed Defendant’s conviction and sentence for two counts of conspiracy to possess and possession with intent to distribute heroin and cocaine base, holding, among other things, that the district court did not err in denying Defendant’s motions to suppress two warrants obtained by law enforcement and evidence obtained from Defendant’s warrantless arrest. Specifically, the Court held (1) there was no error int he issuance of precise location information (PLI) warrants by a magistrate judge allowing monitoring of the locations of Defendant’s two cell phones; (2) the cell phones were not tracking devices under 18 U.S.C. 3117; (3) the PLI warrants did not violate Fed. R. Crim. P. 41(b); (4) the use of rebuttal testimony from a pretrial services officer to impeach a witness was proper; and (5) the sentencing court’s adoption of two sentencing enhancements was not procedurally unreasonable. View "United States v. Ackies" on Justia Law