United States v. Phillips

Docket Number11-30195
Decision Date26 December 2012

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95 cases
  • United States v. Christensen
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 25, 2015
    ...1239 n. 2 (9th Cir. 2011). We have held that there is no constitutional right to have a jury decide forfeiture. United States v. Phillips , 704 F.3d 754, 769–70 (9th Cir. 2012) (citing Libretti v. United States , 516 U.S. 29, 49, 116 S.Ct. 356, 133 L.Ed.2d 271 (1995) ). Similarly, we conclu......
  • United States v. Christensen
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 25, 2015
    ...1239 n. 2 (9th Cir.2011). We have held that there is no constitutional right to have a jury decide forfeiture. United States v. Phillips, 704 F.3d 754, 769–70 (9th Cir.2012) (citing Libretti v. United States, 516 U.S. 29, 49, 116 S.Ct. 356, 133 L.Ed.2d 271 (1995) ). Similarly, we concluded ......
  • United States v. Sigillito
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • September 15, 2014
    ...); United States v. Torres, 531 Fed.Appx. 964, 973 n. 3 (11th Cir.2013) (noting in dicta that Libretti controls); United States v. Phillips, 704 F.3d 754, 769 (9th Cir.2012) ( Southern Union ); United States v. Day, 700 F.3d 713, 733 (4th Cir.2012) ( Southern Union ). We join these circuits......
  • United States v. Evans
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 28, 2018
    ...like all defendants subject to the supervised release conditions, has "an additional layer of protection." United States v. Phillips , 704 F.3d 754, 768 n.13 (9th Cir. 2012). If Evans is charged with violation of a condition of supervised release, he may raise an as-applied challenge in dis......
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4 books & journal articles
  • Table of cases
    • United States
    • James Publishing Practical Law Books Criminal Defense Victories in the Federal Circuits
    • March 30, 2014
    ..., 661 F.3d 189 (4th Cir. 2011), §§3:21, 9:16 United States v. Peterson , 629 F.3d 432 (4th Cir. 2011), §4:28 United States v. Phillips , 704 F.3d 754 (9th Cir. 2012), §§3:40, 6:23 United States v. Piazza , 647 F.3d 559 (5th Cir. 2011), §3:10 United States v. Pileggi , 703 F.3d 675 (4th Cir.......
  • 8 Criminal Forfeiture Proceedings
    • United States
    • Asset Forfeiture: Practice and Procedure in State and Federal Courts (ABA)
    • Invalid date
    ...to criminal forfeiture because there is no statutory maximum penalty and the court did not overrule Libretti. United States v. Phillips, 704 F.3d 754, 769-771 (9th Cir. 2012); United States v. Day, 700 F.3d 713, 732-733 (4th Cir. 2012). Thus, it appears that, in spite of Apprendi/Blakely/Bo......
  • Fraud
    • United States
    • James Publishing Practical Law Books Criminal Defense Victories in the Federal Circuits
    • March 30, 2014
    ...sequestration violation was warranted. §6:23 To Prove Mail Fraud, the Government Has to Show You Used the Mail United States v. Phillips, 704 F.3d 754 (9th Cir. 2012) Our brave new world of internet technology is encouraging innovation of all kinds. Innovation of new ways to interact with e......
  • Evidence & Trials
    • United States
    • James Publishing Practical Law Books Criminal Defense Victories in the Federal Circuits
    • March 30, 2014
    .... . . Complete text in §6:21, Fraud. §3:40 To Prove Mail Fraud, the Government Has to Show You Used the Mail United States v. Phillips, 704 F.3d 754 (9th Cir. 2012) Our brave new world of internet technology is encouraging innovation of all kinds—innovation of new ways to interact with each......