Latest 2 Cases: United States v. Campbell (Criminal Law), United States v. Sharron (Criminal Law)

Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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United States v. Campbell

Docket: 19-1127

Opinion Date: January 21, 2021

Judge: Bobby E. Shepherd

Areas of Law: Criminal Law

Defendants William, Junior, Carter, and Senior appealed their convictions on various drug trafficking charges. In regard to Defendant William's challenges, the Eighth Circuit concluded that the district court did not err by denying his motion to suppress the wiretap evidence; abuse its discretion in limiting the cross-examination, err in denying his request for a multiple conspiracies jury instruction, and err in applying witness intimidation and aggravated role enhancements. In regard to Defendant Junior's challenges, the court concluded that there was no error in the district court's suppression of the wiretap evidence; in granting the government's motion to sever; in determining that the evidence was sufficient to sustain his convictions; and in limiting cross-examination. In regard to Defendant Carter's challenges, the court concluded that the district court did not abuse its discretion in denying his request for a buyer-seller instruction; did not err in determining that the evidence was sufficient to sustain his convictions; and did not abuse its discretion in determining that defendant's sentence was substantively reasonable. Finally, in regard to Defendant Senior's challenges, the court concluded that the district court properly denied his multiple-conspiracy and buyer-seller instructions, and the evidence was sufficient to support his conviction for conspiracy and distribution of crack and cocaine. The court affirmed the district court's judgment in its entirety.

United States v. Sharron

Docket: 20-1427

Opinion Date: January 21, 2021

Judge: Erickson

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's conviction for robbing an individual of personal property belonging to the United States. The court held that the district court did not err in denying defendant's request for instructions on duress or coercion and/or voluntariness as he failed to meet his burden of proving the existence of duress/coercion by a preponderance of the evidence. In this case, defendant's evidence amounts to a generalized and speculative fear of violence, and is insufficient to demonstrate the requisite showing of a present, imminent, and impending threat. Even if defendant had established a fear that was immediate and well-founded, the court explained that defendant's duress defense would still fail because he cannot show he had no reasonable, legal alternative to engaging in the robbery. Finally, upon careful review of the record, the court found that the court did not prohibit defendant from arguing his theory of defense.