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Criminal Law & Procedure

[08/20] US v. Djoumessi
Convictions for holding someone in involuntary servitude and for harboring an alien for private financial gain are affirmed over claims that the charges violated defendant's rights under the Double Jeopardy Clause and that the government failed to support the involuntary servitude conviction (and a related conspiracy conviction) with sufficient evidence.

[08/19] US v. Farr
A conviction for tax fraud is reversed where during trial the government constructively amended the indictment against her, trying her not just for the crime described in the indictment (failure to pay quarterly employment taxes for a medical clinic) but also for a separate and additional offense (failure to pay a trust fund recovery penalty assessed against her personally). The circuit court does, however, reject a claim that there was insufficient evidence in the record to sustain her conviction, and that consequently she could not be subjected to retrial under a lawful indictment.

[08/19] US v. Torres-Romero
A sentence for illegally reentering the United States following a prior deportation is affirmed where the district court did not err in its application of a sixteen-level enhancement pursuant to U.S.S.G. section 2L1.2(b)(1)(A) because defendant's 1990 Colorado guilty plea admitted all of the material facts in the charging information, including that he distributed and sold a controlled substance.

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