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Monthly Archive: October 2009

October 19, 2009

United States Court of Appeals Holds Registration and Reporting Requirements of SORNA Unconstitutional As Applied to Adjudicated Juveniles

The Sex Offenders Registration and Notification Act, otherwise known as SORNA, was enacted by Congress in 2006 as part of the Adam Walsh Child Protection and Safety Act; legislation enacted “in order to protect the public from sex offenders and offenders against children”. SORNA establishes a national database of sex offenders, requiring anyone convicted of certain sex offenses to register as an offender and report to law enforcement authorities every ninety (90) days for twenty-five (25) years. The Attorney General was given the authority by Congress, and accordingly chose to apply the...

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Posted in: Sex Crimes & Abuse Allegations

October 16, 2009

Downward Departure from Sentencing Guidelines Must Result in Final Sentence Below the Original Guideline

A recent precedential case, decided by the United States Court of Appeals for the Third Circuit, held that a downward departure from the sentencing guidelines must result in a final sentence, less than the minimum provided by the guideline. The case of U.S. v. Vazquez-Lebron involved a Defendant who had pled guilty to conspiracy to possess and intent to distribute cocaine. For his cooperation and substantial assistance in the prosecution of others involved, the Prosecution agreed to grant Vazquez a downward departure from the sentencing guidelines which suggested forty-six (46) to...

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Posted in: Uncategorized

October 15, 2009

Sixth Circuit US Court of Appeals Holds Inevitable Discovery Doctrine Does Not Allow for Circumvention of Warrant Requirement

The United States Court of Appeals for the Sixth Circuit recently reversed a District Court decision which denied a motion to suppress evidence seized without a warrant. The case, U.S. v. Quinney, involved a U.S. Secret Service investigation for the counterfeiting of American currency. Agents from the Secret Service arrived at the Defendant’s residence and obtained consent to search the Defendant’s bedroom. Agents discovered a printer which they believe was used for counterfeiting. The Defendant, however, admitted to passing phony currency, but not actually manufacturing counterfeit...

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Posted in: Misdemeanor / Felony Crimes

October 13, 2009

Superior Court of New Jersey Denies Motion for Summary Judgment, Finds Employer could be Liable for Employee’s Use of Work Computer to Send and View Child Pornography

In a recent appeal, challenging a motion for summary judgment which had initially been granted, the Superior Court of New Jersey reversed the motion finding an employer can potentially be held liable where an employee uses a work computer for child pornography purposes. The employee in question had photographed and videotaped his ten-year old step-daughter nude, subsequently posting the material on a child pornography site via his workplace computer. The employer has a policy in place, which all employees must agree to as part of their employment agreement, stating e-mails are the property...

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Posted in: Internet Crime