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May 30, 2008

Table of Contents

LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE, CYBERSPACE LAW, EVIDENCE, SENTENCING
• US v. Giberson

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Hinkson

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LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE, CYBERSPACE LAW, EVIDENCE, SENTENCING
US v. Giberson, No. 07-10100
Denial of defendant's motion to suppress evidence of child pornography found on his personal computer, which led to his conviction for receipt of child pornography, is affirmed where: 1) in this case, where there was ample evidence that documents authorized in a warrant could be found on defendant's computer, officers did not exceed the scope of the warrant when they seized the computer; and 2) searches of the computer were pursuant to valid warrants and reasonable. However, the sentence is vacated and remanded pursuant to a claim that the district court erred when it sentenced him for both receipt and possession of child pornography, as the sentencing was multiplicitous. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Hinkson, No. 05-30303
A conviction for soliciting the murder of three federal officials is reversed where the conviction substantially rested upon the testimony of a witness who had been conclusively shown, by the time defendant moved for a new trial, to be a forger and a liar, and thus, the district court abused its discretion in denying the motion for a new trial. Read more...


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