46-04 US v. Lewis73 DownloadsYear: 2022 (Vol. 46) Topic(s): Criminal Law Question presented: Whether lying to a judicial officer about financial assets in order to appear indigent and obtain free counsel qualifies as “obstruction” under U.S. Sentencing Guidelines Manual Section 3C1.1 (U.S. Sent’g Comm’n 2021). Format: Word and PDF Prepared by: Brendan Ferguson
46-03 US v. Smith55 DownloadsYear: 2022 (Vol. 46) Topic(s): Administrative Law, Administrative Procedures Act, Constitutional Law, Sentencing Guidelines, Criminal Law Question(s) presented: (1) Whether courts must make a threshold determination of genuine ambiguity before deferring to the Sentencing Guidelines commentary. (2) Whether the U.S. Sentencing Commission’s commentary to Section 4B1.2 of the U.S. Sentencing Guidelines Read more about 46-03 US v. Smith[…]
02 – Dougie McFay v. United States41 DownloadsYear: 2021 (Vol. 45) Topics: Criminal Procedure Question(s) presented: Whether attempted Hobbs Act robbery is considered a “crime of violence” under 18 U.S.C. § 924(c)(1)(A). Format: Word and PDF Prepared by: Chris Gallucci Download Link for Chrome (open in new tab): https://www.nyumootcourt.org/wp-content/uploads/2021/11/Vol-45-Dougie-McFay-v-United-States-8942.zip Preemption Notice! The Supreme Court has Read more about 02 – Dougie McFay v. United States[…]
Andrew Marks v. United States131 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Procedure Question(s) presented: Whether a criminal defendant’s Sixth Amendment rights to confrontation and compulsory process or Fourteenth Amendment right to due process can overcome a witness’ federal psychotherapist-patient privilege. Format: Word and PDF Prepared by: Marlena Santos
John J. Schmidt v. United States219 DownloadsYear: 2019 (Vol. 43) Topics: Criminal Procedure Question(s) presented: Does testing a key on an apartment door to ascertain a person’s residence constitute a Fourth Amendment search requiring probable cause and a warrant? Format: Word and PDF Prepared by: Eric Brannock
State of Moot v. Xander Crews74 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law and & Administration; Sixth Amendment Questions presented: (1) Whether non-convicted plaintiffs have standing to bring civil suit in federal court alleging deprivation of the Sixth Amendment right to counsel while they are still undergoing criminal adjudications in which they are defendants; (2) Read more about State of Moot v. Xander Crews[…]
Charlie Utter v. State of South Lakota256 DownloadsYear: 2016 (Vol. 40) Topics: First Amendment, Criminal Procedure Question(s) presented: (1) Whether an ordinance prohibiting verbal solicitations for immediate donations of things of value within a specific geographic area violates the First Amendment right to free speech. (2) Whether an individual has a reasonable expectation of privacy in personal Read more about Charlie Utter v. State of South Lakota[…]
United States v. Nougaburger82 DownloadsYear: 2015 (Vol. 39). Topics: Criminal Procedure; Fourth Amendment Question(s) presented: In the First Circuit, does the community caretaker exception to the Fourth Amendment justify officer’ entry and search of a private home without a warrant? Posture: Rehearing en banc before the US Court of Appeals for the First Circuit. Format: Word and Read more about United States v. Nougaburger[…]
Brooks v. Smith266 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Question presented: Whether the Fourth Amendment limits a police officer’s authority to arrest for a misdemeanor crime that did not occur in the officer’s presence. Format: Word and PDF Prepared by: Brooke Jarrett
Smith v. United States142 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; Fourth Amendment Questions presented: Does a non-trespassory collection of information related to an individual’s position qualify as a “search” under the Fourth Amendment? If such activities do qualify as a “search,” does the warrantless collection of such information require that the evidence collected be repressed? Read more about Smith v. United States[…]
Microsponge v. United States109 DownloadsYear: 2015 (Vol. 39) Topics: Criminal Procedure; International Law Question presented: Whether 18 U.S.C. § 2703(a) permits a United States District Court to issue a search warrant for electronic files stored by American Internet service providers on servers located in a foreign country. Format: Word and PDF Prepared by: Michael Lombardi Preemption Notice! In March Read more about Microsponge v. United States[…]
Fallsbauer v. United States180 DownloadsYear: 2015 (Vol. 39) Topics: Fourth Amendment; Criminal Law Questions Presented: 1. Whether ambiguity with respect to a person’s apparent authority to consent to a search of an item or area makes such a search unreasonable under the Fourth Amendment. 2. Whether there sufficient evidence in this case for a finding of Read more about Fallsbauer v. United States[…]
United States v. Tilden41 DownloadsYear: 2014 (Vol. 38). Topic: Criminal Procedure Question: Whether, under Brady v. Maryland, 373 U.S. 83 (1963), a defendant is entitled to exculpatory evidence during negotiations over a plea bargain. Format: PDF.
United States v. Roy20 DownloadsYear: 2010 (Vol. 35). Topic: Criminal Procedure; Sentencing; Immigration Law. Question: Whether a federal judge may, when sentencing individuals convicted of illegal re-entry into the United States, depart downward from the Sentencing Guidelines based on the existence of fast-track programs in other districts. Format: PDF.
United States v. Levy29 DownloadsYear: 2012 (Vol. 36). Topic: Criminal Procedure. Question: (1) Whether the safe harbor provision of 18 U.S.C. § 1957 is an affirmative defense or an element of the statutory definition of “monetary transaction.” (2) Whether the safe harbor provision of 18 U.S.C. § 1957 is an affirmative defense or an element of the statutory definition Read more about United States v. Levy[…]