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John Balazs
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I don't know any more than what I blogged.
Time Served Marijuana Cultivation Sentences
Yesterday, over the government's objection, Judge Mueller sentenced four low-level defendants involved in a large marijuana grow in the Klamath National Forest to 30 months imprisonment, effectively time served. See United States v. Lobera-Garcia, No. 2:17-CR-0157-KJM.
http://edca.typepad.com/files/schweder-order.pdf
New Schedule In Schweder Marijuana Case
The Court today approved the parties' stipulation to vacate tomorrow's hearing and instead set a schedule for additional pretrial motions and jury trial in the Schweder, et. al., marijuana case. Defendants' motions are due July 1 with a motion hearing on September 23, 2015. A jury trial is sch...
Read my twitter @balazslaw for details now. Will update blog later today.
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Schweder marijuana motion denied
Judge announces oral ruling; written decision out by end of week. More details here later.
In 15 minute recess. Latest updates @balazslaw
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Schweder marijuana hearing reset for 10 am today
The Court reset the time for today's hearing in the Schweder marijuana case from 9 am to 10 am. It's in Judge Mueller's courtroom on 15th floor. Still no ruling on defendants' motion to dismiss, which challenges the constitutionality of the Feds classifying marijuana as a schedule I controlled s...
Only in court.
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Schweder marijuana hearing reset for 10 am today
The Court reset the time for today's hearing in the Schweder marijuana case from 9 am to 10 am. It's in Judge Mueller's courtroom on 15th floor. Still no ruling on defendants' motion to dismiss, which challenges the constitutionality of the Feds classifying marijuana as a schedule I controlled s...
This is not that uncommon, especially in the overburdened Eastern District of California court, which has one of the highest caseloads in the country. While experts have recommended that Congress should add six judge slots here, the Congressional deadlock has put that on ice for the last several years. So the delay is likely due to routine high caseloads and the judge's need to prepare a complex decision. If you want to blame anyone, look toward Republicans in Congress. I believe the attorneys will just wait this out rather than try to force her hand.
Schweder Marijuana Case Postponed Again (Hearing April 15)
Yesterday, in United States v Schweder, et. al., No. 2:11-cr-0449-KJM, Judge Mueller cancelled the March 25 status conference and scheduled a new conference for April 15, at 9:00 a.m. in courtroom 3. This is the case where the court held an evidentiary hearing on the defense's motion to dismiss...
Where do you see April 19? Its April 15.
Schweder Marijuana Case Postponed Again (Hearing April 15)
Yesterday, in United States v Schweder, et. al., No. 2:11-cr-0449-KJM, Judge Mueller cancelled the March 25 status conference and scheduled a new conference for April 15, at 9:00 a.m. in courtroom 3. This is the case where the court held an evidentiary hearing on the defense's motion to dismiss...
Youll have to scroll through and search for it, but all briefs should be on my blog here:
http://edca.typepad.com/eastern_district_of_calif/schweder-marijuana-case/
Schweder Marijuana Case Postponed
This morning, Judge Mueller issued a minute order postponing the status conference on her own in United States v. Schweder from March 11 to March 25, 2015, at 9:00 a.m. in courtroom 3. I'd guess she needs more time to finalize her ruling on defendants' motion to dismiss that challenges (1) the ...
If Judge Mueller rules for the defense, I guarantee the government will file an appeal to the 9th Circuit. Before they appeal, the prosecuors will also likely ask Judge Mueller to reconsider. So any favorable defense ruling will be tied up in further litigation for quite some time.
Schweder Marijuana Case Postponed
This morning, Judge Mueller issued a minute order postponing the status conference on her own in United States v. Schweder from March 11 to March 25, 2015, at 9:00 a.m. in courtroom 3. I'd guess she needs more time to finalize her ruling on defendants' motion to dismiss that challenges (1) the ...
I believe theyve all been re sentenced already.
Sekhon Case Largely Affirmed On Appeal
In this unpublished U.S. v. Harmath, 10-10350 memorandum decision, the Ninth Circuit largely affirmed the convictions and sentences of the five defendants in the Sekhon & Sekhon immigration fraud case. The Court did find the two conspiracy counts (counts 1 and 17) to be multiplicitous and order...
No, the opinion will be filed electronically. The parties will receive an email notice with a link to download the decision. I will post it when I get it. There will not be any advance notice.
Schweder Marijuana Hearing Concludes; Ruling Expected Within 30 Days
In a packed courtroom, Judge Mueller heard final arguments on the defense's motion challenging the constitutionality of the federal classification of marijuana as an illegal Schedule I controlled substance. The judge did not rule on the motion, stating that she would do so as soon as she can...
My guess is that Judge Mueller intends to issue a written decision before March 11, and she set a status conference for that date to discuss with the parties how the case should proceed from there.
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Schweder Marijuana Hearing Concludes; Ruling Expected Within 30 Days
In a packed courtroom, Judge Mueller heard final arguments on the defense's motion challenging the constitutionality of the federal classification of marijuana as an illegal Schedule I controlled substance. The judge did not rule on the motion, stating that she would do so as soon as she can...
No
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Schweder Marijuana Hearing Concludes; Ruling Expected Within 30 Days
In a packed courtroom, Judge Mueller heard final arguments on the defense's motion challenging the constitutionality of the federal classification of marijuana as an illegal Schedule I controlled substance. The judge did not rule on the motion, stating that she would do so as soon as she can...
Within 30 days of yesterdays hearing
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Schweder Marijuana Hearing Concludes; Ruling Expected Within 30 Days
In a packed courtroom, Judge Mueller heard final arguments on the defense's motion challenging the constitutionality of the federal classification of marijuana as an illegal Schedule I controlled substance. The judge did not rule on the motion, stating that she would do so as soon as she can...
Yes
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Schweder Marijuana Hearing Concludes; Ruling Expected Within 30 Days
In a packed courtroom, Judge Mueller heard final arguments on the defense's motion challenging the constitutionality of the federal classification of marijuana as an illegal Schedule I controlled substance. The judge did not rule on the motion, stating that she would do so as soon as she can...
The judges decision is expected sometime after the 2/4 final arguments.
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Schweder Post-Evidentiary Hearing Briefing And Section 538 of Recent Appropriations Law
Happy New Year! Yesterday, the parties filed their Schweder case post-evidentiary hearing briefs, available here: Gov't Brief, Amended Defense Brief [1/7/15: I replaced original brief here with amended brief filed 1/5/15, which includes inadvertently omitted tables], and Defense Motion to File ...
Yes, 2015. Thanks, Ill correct it.
Further Briefing Ordered In Schweder Marijuana Case
In the Schweder, et. al., marijuana case, the district court today granted the defense request for further post-evidentiary hearing briefing on the constitutionality of marijuana being classified as a Schedule I controlled substance. The court directed the parties to file simultaneous briefs by...
There is no clear answer to that question. In general, if an inmate's guidelines are reduced by the last crack cocaine guideline amendment and the mandatory minimum does not bar a reduction, he or she can file a request with the district court for a reduced sentence. But a reduction is not mandatory and depends on a variety of factors. Go to famm.org for more information.
Retroactivity Of The Fair Sentencing Act of 2010 (Crack Cocaine Cases)
Tomorrow, the U.S. Sentencing Commission will vote whether to make reductions in the new guidelines for crack cocaine offenses retroactive to persons who were sentenced before the guidelines went into effect on November 1, 2010. [Update 7/1/11: The Commission did vote to make the changes retro...
Which district court is that from?
U.S. Attorney Ordered To Clean And Return Bong After Marijuana Case Dismissed
A while back I commented on the government's dismissal of a misdemeanor charge of possessing marijuana on national forest lands due to the Attorney General's new policy not to prosecute in federal court medical marijuana cases that are consistent with state law. See my 8/20/09, 8/23/09, and 10...
Judge Richard A. Jones, from the Western District of Washington
Prison Law Office Sues Over Race-Based Prison Lockdowns
California's use of race as a basis for locking prisoners in their cells after fights amounts to illegal discrimination and should be banned, attorneys representing inmates said in a class-action lawsuit filed Wednesday. The policy unfairly punishes innocent inmates simply because they have the...
A: Jan Karowsky. For the record, the jury hung on all charges against his client and the U.S. Attorney's Office later dismissed.
Which EDCA Attorney Followed Richard Pryor With Martin Luther King, Jr. In Closing Argument?
Which EDCA defense attorney quoted Richard Pryor, Dr. Martin Luther King, Jr., U.S. Supreme Court Justice Potter Stewart, and some guy named Terrence from 1063 B.C. (I think he just made this one up) on the meaning of "justice" in this closing argument? See "Justice" Closing Argument. Answer i...
John Balazs added a favorite at Everything Typepad
Jul 19, 2010
Did she clerk with you Tim?
Obama Diversifying Federal Bench
President Barack Obama is appointing women and minorities to federal judgeships at an unprecedented rate, and nowhere is the evidence more clear than in the Golden State. If she can make it through a logjam of judicial nominees in the U.S. Senate, Kimberly Mueller will make history, becoming the...
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Mar 15, 2010
I'm not much of a tech guy, but you should be able to add this blog to rss reader by clicking on subscribe to this blog's feed on my home page and then clicking on your type of rss reader.
HL Leasing Lawyer Says He Will Find Missing Ponzi Scheme Money; New Blog Started For HL Leasing Victim/Investors
In this earlier post, I linked to a Fresno Bee article about the FBI's investigation of HL Leasing as a Ponzi Scheme and the suicide of its owner John Otto. An investor/victim who reports holding "leases" from HL Leasing has started this John Otto/HL Leasing blog designed for investors to share...
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