Case Summaries
Criminal Law & Procedure
[03/17]
Miller v. Mitchell
In plaintiffs' suit to enjoin the district attorney of Wyoming County in Pennsylvania from bringing criminal charges in retaliation for their refusal to attend an education program in lieu of facing child pornography charges for "sexting," district court's grant of preliminary injunctive relief is affirmed as plaintiffs have shown a likelihood of success on the merits of their constitutional retaliation claims, and are entitled to preliminary injunctive relief.
[03/17]
US v. Van Buren
Defendant's conviction for failing to comply with the requirements of the Sex Offender Registration and Notification Act (SORNA) is affirmed where: 1) defendant's conduct in terminating his residence to travel to North Carolina, with no intention of returning to his residence in New York, qualified as a "change" in his residence regardless of which definition of "change" one uses; and 2) between SORNA's language and its legislative history, it was clear that a registrant must update his registration information if he alters his residence such that it no longer conforms to the information that he earlier provided to the registry.
[03/17]
US v. Gilmore
Defendant's sentence for producing child pornography of a minor child under his custody and control is affirmed where, if a sentencing court calculates and considers a sentence under the version of the Sentencing Guidelines in effect at the time of the offense, but refers to a subsequent version of the Guidelines as indicative of the seriousness of the offense and the reasonableness of a non-Guidelines sentence, there is no violation of the Ex Post Facto Clause.
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