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OPINION/ORDER Powell is substituted for his predecessor Madeline K. Are hereby withdrawn. A dissenting opinion by Judge Kleinfeld are filed simultaneously herewith. The full court was advised of the petition for rehearing en banc. POWELL 12379 The petitions for rehearing and for rehearing en banc are. Circuit Judge: Eudene Eunique was denied a passport because she was severely in arrears on her child support payments. She brought an action for declaratory and injunctive relief on the theory that the statute and regulation authorizing that denial were unconstitutional. BACKGROUND When Eunique's marriage was dissolved. Her husband was awarded custody1 of the children. She was ordered to pay child support. By 1998 she was in arrears in an amount over $20. The arrearage continued to grow.2 Despite the fact that she is unable or unwilling to pay her child support obligations. He was designated as primary caretaker. She was able to enter Mexico without a passport. 1 12380 EUNIQUE v. There is no dispute that California has adopted a procedure and that it followed the procedure in this case. |
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OPINION/ORDER Powell is substituted for his predecessor Madeline K. Circuit Judge: Eudene Eunique was denied a passport because she was severely in arrears on her child support payments. She brought an action for declaratory and injunctive relief on the theory that the statute and regulation authorizing that denial were unconstitutional. BACKGROUND When Eunique's marriage was dissolved. Her husband was awarded custody of the children. She was ordered to pay child support. By 1998 she was in arrears in an amount over $20. The arrearage continued to grow.1 Despite the fact that she is unable or unwilling to pay her child support obligations. She was able to enter Mexico without a passport. 2896 Eunique applied for a passport. There is no dispute that California has adopted a procedure and that it followed the procedure in this case. The Secretary of Health and Human Services received that certification and was required by law to transmit it |
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OPINION/ORDER All of which are connected to his support of Hizballah. The appeal was argued before a three judge panel. I. Facts The facts underlying Hammoud's convictions and sentence are largely undisputed. A. Hizballah Hizballah is an organization founded by Lebanese Shi'a Muslims in response to the 1982 invasion of Lebanon by Israel. It is also a strong opponent of Western presence in the Middle East. Hizballah is particularly opposed to the existence of Israel and to the activities of the American government in the Middle East. Hizballah's general secretary is Hassan Nasserallah. Its spiritual leader is Sheikh Fadlallah. While the asylum application was pending. Where his brothers and cousins were living. While the North Carolina tax is only 50¢. It is estimated that the conspiracy involved a quantity of cigarettes valued at roughly $7.5 million and that the state of Michigan was deprived of $3 million in tax revenues. These services were often conducted at Hammoud's home. Hammoud who is acquainted with both Nasserallah and Fadlallah. |
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OPINION/ORDER With him on the briefs were John M. With him on the brief were Wilma A. With him on the brief was Arthur B. Farris was on the brief for amicus curiae Home School Legal Defense Association. Holding that it violates the fundamental rights of minors and their parents and is unconstitutionally vague. Rehearing en banc was granted. Determining that juvenile crime and victimization in the District was a serious prob lem and growing worse unanimously adopted the Juvenile Curfew Act of 1995. The curfew contains eight |
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OPINION/ORDER Plaintiffs are legal and social service organizations and two individuals who seek to provide |
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OPINION/ORDER The laws which provide in certain controlled substance cases for sentences beyond the basic 20 year maximum imposed by § 841(b)(1)(C) for default cases where quantity is not a sentence determining factor. As have our sister circuits before us. 1 we hold that § 841 is not facially unconstitutional. Buckland was indicted on one count of conspiracy to distribute methamphetamine. As was customary. The jury was not instructed that it had to determine any particular amount of methamphetamine in order to convict Buckland. 841(b)(1)(A) was life. The district court determined at sentencing that the gross amount of drugs for which Buckland was responsible was almost eight kilograms and sentenced him to 824 months in prison. Buckland originally advanced several contentions: (1) the district court's findings on the type and quantity of methamphetamine were erroneous. Contending also that 915 these sentencing errors were not prejudicial and. That was plain. III DISCUSSION Buckland contends that § 841 is facially unconstitutional. |
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OPINION/ORDER 2002 is hereby recalled for the purpose of amending the opinion. Located at 277 F.3d 1173 is amended as follows: Page 1184 in section |
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OPINION/ORDER The Supreme Court held in Apprendi that a criminal defendant's constitutional rights are violated when his prescribed statutory maximum penalties are increased by any fact. Our review is for plain error. Was erroneous. Because we remain confident that a rational jury would have found. We conclude that Vazquez is not entitled to plain error relief and we will therefore affirm his sentence.1 I. The relevant facts are largely undisputed. Vazquez's fingerprint was on one of the bags in which the cocaine had been stored. Algarin was identified as a |
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OPINION/ORDER After briefing was completed in this appeal. That increases the prescribed statutory maximum penalty to which a defendant is exposed must be submitted to a jury and proven beyond a reasonable doubt. We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. We hold that 21 U.S.C.§§ 841(b)(1)(A) & (B) are facially unconstitutional under Apprendi .1 We therefore vacate Buckland's sentence and remand for resentencing under 21 U.S.C. § 841(b)(1)(C). Buckland was indicted on one count of conspiracy to distribute methamphetamine. Count One of the indictment alleged that the conspiracy involved |
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OPINION/ORDER Le vine were on the briefs. Spitzer were on the brief. Attorney at the time the brief was filed. Were on the brief for the United States of America as amicus curiae. Ordinance that the United States Court of Appeals for the Fifth Circuit had held was constitutional. Act bars unmarried and unemanci pated persons 1 under seventeen years old from being in 1 Although the curfew law is entitled the |
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OPINION/ORDER The |
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OPINION/ORDER After briefing was completed in this appeal. That increases the prescribed statutory maximum penalty to which a defendant is exposed must be submitted to a jury and proven beyond a reasonable doubt. We have jurisdiction pursuant to 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291. We hold that 21 U.S.C.§§ 841(b)(1)(A) & (B) are facially unconstitutional under Apprendi .1 We therefore vacate Buckland's sentence and remand for resentencing under 21 U.S.C. § 841(b)(1)(C). Buckland was indicted on one count of conspiracy to distribute methamphetamine. Count One of the indictment alleged that the conspiracy involved |
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