LATEST SUMMARIES

CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW
• In re: Subpoena to Witzel

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Stewart

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
• US v. Ofray-Campos

LATEST SUMMARIES

CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, EDUCATION LAW
In re: Subpoena to Witzel, No. 07-2286
In an appeal arising out of a discovery dispute in litigation pending in a California district court involving certain textbook revisions, a Massachusetts district court's order denying a motion to compel nonparty-professor to comply with a subpoena is affirmed where there was no abuse of discretion in a finding that the documents and communications sought were not relevant and, therefore, not discoverable. Read more...

CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Stewart, No. 07-1245, 07-1250
A district court's conclusion that requiring DNA collection from non-violent felons who are sentenced to probation violates the Fourth Amendment is reversed in light of the circuit court's subsequent decision in US v. Weikert, 504 F.3d 1 (1st Cir. 2007). Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE, SENTENCING
US v. Ofray-Campos, No. 05-1461
Defendants' convictions and sentences stemming from their participation in a multi-drug conspiracy are vacated in part and remanded where: 1) the jury was exposed to extrinsic factual information after it submitted a jury note; 2) the nature of the extrinsic information received by the jury was prejudicial to defendants; 3) but the error was harmless as to some defendants in light of the strength of other evidence against them; 4) a two-level role-in-offense enhancement under section 3B1.1(c) as to one defendant was based on legally insufficient evidence; and 5) the stated grounds for imposing a sentence two and one half times greater than the top of the recommended guidelines range were neither sufficiently particularized nor compelling to survive reasonableness review. Read more...