Commerce Clause. The District Court, in United States v. Guzman, had held that 42 U.SC. 16913, which provides that a convicted sex offender must register "and keep the registration current, in each jurisdiction where the offender resides, . . is . . . employ[ed], [or] is a student," exceeds congressional power under the Commerce Clause. The Second Circuit disagreed, holding that "[t]o the extent that [section] 16913 regulates solely intrastate activity, its means 'are "reasonably adapted" to teh attainmnet of a legitimate end under the commerce power.'"
The decision can be found here.
This is Sanford Hausler's blog about the United States Court of Appeals for the Second Circuit and its opinions. Nothing in this blog constitutes legal advice. But feel free to contact me at shausler at justice.com if you need help with an appeal either in the Second Circuit or in the New York appellate courts.
Thursday, January 07, 2010
Significant romantic relationship. The Second Circuit vacated a condition of supervise release that required the defendant to inform the Probation Department if he entered into a significant romantic relationship and to inform the other party in the relationship of his conviction for possession of child pornography. The Court held that the condition was too vague and not reasonably related to sentencing objectives in that there was nothing in the record suggesting that he had been a threat to a romantic partner. The Court also found that the condition effected an unnecessary deprivation of liberty.
The decision in United States v. Reeves can be found here.
The decision in United States v. Reeves can be found here.
Monday, January 04, 2010
Qualified Immunity. While caseworkers who allegedly wrongfully remove a child from his home are not entitled to absolute immunity for their actions, the Second Circuit has asserted that they are entitled to qualified immunity, and upheld the ruling of a District Court (while disagreeing with it on the absolute immunity issue), dismissing an action for wrongul removal of a child.
The decision in Cornejo v. Bell can be found here.
The decision in Cornejo v. Bell can be found here.
Subscribe to:
Posts (Atom)