Authorities Cited: United States Code 28 U.S.C. § 2401(a) Circuit Courts 264 F.3d 1195, 1212-1214 376 F.3d 705, 708-709 404 F.3d 548, 551 478 F.3d 489, 493 Federal Rules of Criminal Procedure Fed. R. Crim. P. 41(g)

Blogged: Appellate Law & Practice Programming note Appellate Law & Practice CA1: Petition for review of Colombian asylum-seeker granted Appellate Law & Practice CA1: Copt not that oppressed Appellate Law & Practice CA1: appellate waiver valid Appellate Law & Practice Necessary cultural literacy Appellate Law & Practice CA1: extensive discussion of RICO and structural characteristics of constructive amendment Appellate Law & Practice CA1: drug conspiracy colloquy fun Appellate Law & Practice CA1: is it a warranty provision and is it breached? Appellate Law & Practice CA1: proving propr convictions with computerized docket entries Appellate Law & Practice CA1: who determines whether a termination is for cause (and defamation) Appellate Law & Practice CA1: abuse of process and malicious prosecution claims sort of discussed Appellate Law & Practice Progamming note Appellate Law & Practice CAAFlog discussion on IAC, appellate practice, and cert. grants Appellate Law & Practice CA1: race-discrimination case non-starter Appellate Law & Practice CA1: First steps in to help Fedex when Fedex wrongly treats employee like poor drug defendant Appellate Law & Practice CA1: pro-Western Algerian has to go back Appellate Law & Practice CA1: Selya lectures on how to write clearly Appellate Law & Practice CA1: AEDPA leads to another prosecutorial misconduct green light Appellate Law & Practice CA1: unpublished opinion pretending to discuss Fed. R. Crim. P. 41(g) statute of limitations Appellate Law & Practice CA1: Brazilian not oppressed by ANY government Appellate Law & Practice CA1: super-waiver of § 3582(a) issue at sentencing Appellate Law & Practice More on scienter Appellate Law & Practice CA1: government has all the power under 3E1.1(b) Appellate Law & Practice CA1: law of the case and preliminary injunctions Appellate Law & Practice CA1: unpreserved errors Appellate Law & Practice CA1: OSHA was right – they could have turned off the power lines Appellate Law & Practice CA1: Indonesian Christian not oppressed Appellate Law & Practice CA1: a further remand for time-served and parsimony issues Appellate Law & Practice CA1: specific intent required in ERISA retaliation claim Appellate Law & Practice CA1: Romanian ex-flyboy not that oppressed Appellate Law & Practice CA1: qualified immunity in joint-decision-making Appellate Law & Practice CA1: what is enough of a risk under the PSLRA to show scienter Appellate Law & Practice Blog becomes TV show How Appealing Not an erotic dancing opinion, but nevertheless worth a look How Appealing "The Myth of Biden v. Bork" Decision of the Day Another Reason To Say No To Drugs Decision of the Day Posner Gets A Big One Right Decision of the Day Finally, Some Questions about the Wisdom of RLUIPA Decision of the Day Seventh Upholds Student’s Right to Wear “Be Happy, Not Gay” T-Shirt Decision of the Day Seventh Chastises Ninth for Encouraging Mickey Mouse Law Suits Decision of the Day Second Lets Whitman Off the Hook for Post-9/11 Liability Decision of the Day Crossing the Border? Leave Your Laptop at Home Decision of the Day Fifth Circuit Divides Over How To Handle Sentencing Error California Appellate Report Chimenti v. Weisz (Cal. Ct. App. - Aug. 27, 2008) California Appellate Report People v. Bolton (Cal. Ct. App. - Aug. 27, 2008) California Appellate Report Zhao v. Mukasey (9th Cir. - Aug. 26, 2008) California Appellate Report Dzyuba v. Mukaasey (9th Cir. - Aug. 25, 2008) California Appellate Report U.S. v. Easterday (9th Cir. - Aug. 22, 2008) California Appellate Report McMurtrey v. Ryan (9th Cir. - Aug. 21, 2008) California Appellate Report Koninkluke Phillips Electronics v. KXD Technology (9th Cir. - Aug. 20, 2008) California Appellate Report People v. Meneses (Cal. Ct. App. - Aug. 19, 2008) California Appellate Report Pelton-Shepherd Industries v. Delta Packaging Products (Cal. Ct. App. - Aug. 19, 2008) California Appellate Report Oltman v. Holland America (9th Cir. - Aug. 19, 2008) California Appellate Report U.S. v. Jaeger (9th Cir. - Aug. 18, 2008) California Appellate Report U.S. v. Park (9th Cir. - Aug. 11, 2008) California Appellate Report Lockerby v. Sierra (9th Cir. - Aug. 7, 2008) California Appellate Report People v. Nelms (Cal. Ct. App. - Aug. 14, 2008) California Appellate Report People v. Muniga and People v. Wallace (Cal. Supreme Ct. - Aug. 14, 2008) California Appellate Report Christian Research Inst. v. Alnor (Cal. Ct. App. - Aug. 13, 2008) California Appellate Report Winfred D. v. Michelin North America (Cal. Ct. App. - Aug. 8, 2008) California Appellate Report D'Lil v. Best Western Encina Lodge (9th Cir. - Aug. 12, 2008) California Appellate Report People v. Hovarter (Cal. Supreme Ct. - Aug. 11, 2008) California Appellate Report Cachil Dehe Band v. State of California (9th Cir - Aug. 8, 2008) California Appellate Report Jonathan L. v. Superior Court (Cal. Ct. App. - Aug. 8, 2008) California Appellate Report People v. Becerra (Cal. Ct. App. - Aug. 7, 2008) California Appellate Report GEC Capital Corp. v. Future Media Productions (9th Cir. - Aug. 7, 2008) California Appellate Report McMillan v. Shadow Ridge at Oak Park (Cal. Ct. App. - Aug. 4, 2008) California Appellate Report Garcia-Aguilar v. United States District Court (9th Cir. - Aug. 6, 2008) California Appellate Report U.S. v. Flores-Villar (9th Cir. - Aug. 6, 2008) California Appellate Report People v. Manning (Cal. Ct. App. - July 31, 2008) California Appellate Report People v. Diaz (Cal. Ct. App. - July 30, 2008) California Appellate Report Twardowski v. American Airlines (9th Cir. - July 30, 2008) California Appellate Report Ramirez v. Nelson (Cal. Supreme Ct. - Aug. 4, 2008) California Appellate Report People v. Sutton (Cal. Ct. App. - July 30, 2008) California Appellate Report People v. Phomphakdy (Cal. Ct. App. - July 31, 2008) California Appellate Report People v. Windus (Cal. Ct. App. - July 30, 2008) California Appellate Report County of San Diego v. San Diego NORML (Cal. Ct. App. - July 31, 2008) California Appellate Report Dougherty v. Haag (Cal. Ct. App. - July 28, 2008) California Appellate Report People v. Osorio (Cal. Ct. App. - July 30, 2008) California Appellate Report People v. Gonzales (Cal. Ct. App. - July 30, 2008) Volokh Conspiracy Another GHG Lawsuit Against EPA: Volokh Conspiracy "Specific Tenet of a Person's Religious Faith": Volokh Conspiracy Chevron Deference and Preemption: Volokh Conspiracy Property Rights as the "Poor Relation" of Constitutional Law: Volokh Conspiracy The Home and Amendments 1, 2, 3, 4, and 5: Volokh Conspiracy Funeral Picketing Ban Upheld by Sixth Circuit: Volokh Conspiracy Amnesty International: Verdict First, Evidence Later?: Volokh Conspiracy It's ALIVE!! New Medical Marijuana 10th Amendment Claim Moves Forward: Volokh Conspiracy Free Enterprise Fund v. PCAOB -- Humphrey's Executor Squared: Volokh Conspiracy D.C. Circuit Panel Splits 2-1 on Constitutionality of Public Company Accounting Oversight Board: Volokh Conspiracy What Does It Mean to "Think Like a Lawyer"? And How Does The Socratic Method Help?: Volokh Conspiracy Barack Obama's Case Comment on Abortion for the Harvard Law Review: Volokh Conspiracy Chevron Deference and Agency Jurisdiction: Volokh Conspiracy Another EPA Air Rule Goes Down: Volokh Conspiracy Hirabayashi Hoax: Volokh Conspiracy California Assembly Passes Law To Protect Children, Against Virtually Nothing: Volokh Conspiracy Interesting Quote from Judge Silverman of the Ninth Circuit, Volokh Conspiracy Illegal Aliens and Other Constitutional Provisions: Volokh Conspiracy Running Deer? Call Me Sitting Shiva: Volokh Conspiracy CardHub and the Market for Information in the Credit Card Market: Volokh Conspiracy "Emotinal Safety" / "Emotional Harassment" on University Campuses: Volokh Conspiracy The Second Amendment and People Convicted of Domestic Violence Misdemeanors: Volokh Conspiracy Atkins and Double Jeopardy: Volokh Conspiracy The Second Amendment and Non-Citizens: Volokh Conspiracy Second Amendment Doesn't Protect Illegal Aliens: Volokh Conspiracy Post-Heller Federal Appellate Decision on the Second Amendment: Volokh Conspiracy It Doesn't Have To Be That Complicated: Volokh Conspiracy Posner, Heller, and the Original Meaning of the 2d Amendment.-- Volokh Conspiracy Posner on Heller: Is it All Politics? Volokh Conspiracy EPA's Chooses Ethanol Over Sound Environmental Policy: Volokh Conspiracy Justice Kennedy, Heller, and the Future of the Second Amendment: Volokh Conspiracy Another Thinly Reasoned District Court Response to D.C. v. Heller: Volokh Conspiracy Strict Liability, Constitutional Rights, Guns, Speech, Abortion, and Underage Sex: Volokh Conspiracy Mistake of Fact About Whether You're a Felon = Defense to Felon-in-Possession Statute (with Second Amendment in a Supporting Role): Volokh Conspiracy Temporary Restraining Order Against Crime-Facilitating Speech About Security Vulnerabilities: Volokh Conspiracy Very Interesting Religious Accommodation Case from the En Banc Ninth Circuit: Volokh Conspiracy New Jersey Appellate Court Invalidates "Blight" Condemnation: Volokh Conspiracy Nuremberg or Nothing for Bush Administration Officials?: Volokh Conspiracy Religious Accommodations: Wait a Second! Can a non-custodial parent bring a lawsuit under the IDEA? Wait a Second! 2d Circuit strikes down another provision of the NY Elections Law Wait a Second! Peace activist can litigate damages claim against upstate Town Wait a Second! False Claims Act cases cannot be handled pro se Wait a Second! False Claims appeal is untimely Wait a Second! When can you sue under a pseudonym? Wait a Second! Premature appeal in Bridgeport racial discrimination case Wait a Second! Bellevue is on the hook for FLSA damages Wait a Second! Second Circuit takes back favorable habeas ruling Wait a Second! Remote Storage DVR system does not violate the Copyright laws Wait a Second! Does the First Amendment allow you to call someone a "fascist"? Wait a Second! No liberty interest in using a public facility Wait a Second! Supreme Court to review NY law shielding corrections officers from suit Wait a Second! Supreme Court rulings are retroactive Wait a Second! What is a case worth? The Appellate Division tells us. Wait a Second! Election of remedies clause in union contract does not violate Title VII Wait a Second! $600k in compensatory damages for disability discrimination Wait a Second! Some negative performance reviews are "adverse employment actions" Wait a Second! Circuit upholds disability discrimination verdict Wait a Second! Circuit rejects Syrian rendition/torture claim Wait a Second! Age discrimination can violate Section 1983 Wait a Second! A discrimination complaint can take on a life of its own Wait a Second! New hearing ordered for Section 8 benefits Wait a Second! Rare public debate among 2d Circuit judges in Title VII en banc denial Wait a Second! "Class of one" claims not appropriate for public workers Wait a Second! Ripeness knocks out NYCLU's free speech suit Wait a Second! Yoko Ono loses copyright suit over "Imagine" Wait a Second! 2d Circuit rejects 9/11 case against Saudi officials