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March 21, 2008

Table of Contents

LATEST SUMMARIES

CIVIL PROCEDURE, IMMIGRATION LAW
• Aragon-Munoz v. Mukasey

COMMUNICATIONS LAW, CONSTITUTIONAL LAW, ENTERTAINMENT LAW, INJURY AND TORT LAW, MEDIA LAW
• Damon v. Moore

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Belton

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Martin

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LATEST SUMMARIES

CIVIL PROCEDURE, IMMIGRATION LAW
Aragon-Munoz v. Mukasey, No. 06-2776
A petition for review of BIA's denial of an alien's motion to reopen his removal proceedings, after he failed to appear at a scheduled hearing, is denied over petitioner's claims that: 1) he never received the Notice to Appear because he moved to another state; and 2) even if the notice were received, the notice was insufficient because he was entitled to an oral warning in Spanish of the consequences of failing to appear. Read more...

COMMUNICATIONS LAW, CONSTITUTIONAL LAW, ENTERTAINMENT LAW, INJURY AND TORT LAW, MEDIA LAW
Damon v. Moore, No. 07-1365
In a defamation suit against Michael Moore for non-consensual use of an interview conducted for NBC Nightly News in Moore's "Fahrenheit 9/11" documentary film, dismissal of plaintiff's defamation claims is affirmed where plaintiff's appearance in the documentary was not reasonably susceptible of a defamatory meaning or interpretation under Massachusetts state law. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Belton, No. 07-1190
Conviction for drug trafficking, drug conspiracy, and multiple weapons charges is affirmed over claims that the district court: 1) erred in denying motion to suppress evidence procured from a search warrant issued from a fatally flawed warrant application; and 2) violated the Speedy Trial Act as defendant's failure to seek dismissal constituted a waiver. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Martin, No. 06-1983
A downward departure sentence for conspiracy to distribute cocaine base is affirmed over the government's challenge to the sentence's reasonableness where the sentencing court properly exercised its discretion and it reached a defensible result, even though the defendant availed from a substantial downward deviation from his guideline sentencing range. Read more...


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