Timothy McCrae Walker appeals his convictions on one count of violating 26 U.S.C. § 5861(d) (possession of unregistered firearm) and one count of violating 18 U.S.C. § 922(g)(1) (felon in possession of firearm). Walker argues that (1) he was not afforded a speedy trial under the Speedy Trial Act, 18 U.S.C. § 3161; (2) the jury was improperly instructed on the elements of constructive possession; (3) both convictions were based on insufficient evidence; and (4) his jury venire did...  

Walter Anderson pleaded guilty to two counts of federal income tax evasion, 26 U.S.C. § 7201, and one count of first degree fraud in violation of the Code of the District of Columbia. D.C. Code § 22-3221(a). The district court sentenced Anderson to 108 months' imprisonment on the federal counts and four years' imprisonment (concurrent) on the fraud count and ordered him, on the fraud count, to pay restitution in the amount of $22,809,032 to the District of Columbia (District). The...  

This case exemplifies our deferential substantive review of sentences — including outside-the-Guidelines sentences — in the wake of Booker v. United States, 543 U.S. 220 (2005), and Gall v. United States, 128 S. Ct. 586 (2007). The Sentencing Guidelines range for defendant Gardellini's tax offense was 10 to 16 months. The District Court imposed probation and a fine. On appeal, the Government challenges that below-Guidelines sentence as substantively unreasonable. But the...  

Petitioners NetworkIP, LLC, and Network Enhanced Telecom, LLP, (collectively "NET") seek review of a pair of final orders of the Federal Communications Commission ("FCC")—one finding liability, APCC Servs. Inc., 21 F.C.C.R. 10488 (2006) (Order on Review) ("Liability Order"), and the other imposing damages, APCC Servs., Inc., 22 F.C.C.R. 4286 (2007) (Memorandum Opinion and Order) ("Damages Order"). Because the FCC reasonably interpreted its own prior...  

The question before us is whether common law causes of action can be alleged against a SelfR-egulatory Organization ("SRO") for the negligent performance of its duties under the Securities Exchange Act of 1934 ("Exchange Act"). 15 U.S.C. § 78o-3(b). Despite a seemingly impenetrable wall of contrary precedent, plaintiffs argue that while suits challenging an SRO's discretionary decisions are clearly prohibited, SROs may be sued for the negligent performance of ministerial...  

The Hatch-Waxman Amendments help to expedite the marketing of generic drugs. Drug Price Competition and Patent Term Restoration Act of 1984, Pub. L. No. 98-417, § 101, 98 Stat. 1585, 1585 (1984). Getting a new "branded" drug to market is a time-consuming process. The manufacturer must file a New Drug Application (NDA) with the Food and Drug Administration (FDA), showing the new drug is safe and effective and identifying the number and expiration date of any patent or patents...  

The government has moved to hold in abeyance Yasin Muhammed Basardh's petition for direct judicial review filed under the Detainee Treatment Act of 2005 (DTA) § 1005(e)(2), Pub. L. No. 109-148, 119 Stat. 2680 (2005) (reprinted at 10 U.S.C. § 801 note)... Basardh is a detainee at the United States Naval Base at Guantanamo Bay, Cuba. A Combatant Status Review Tribunal determined that he is an enemy combatant. Basardh brought two actions contesting the legality of his detention. The...  

Appellants include an association of academics—the Emergency Coalition to Defend Educational Travel (the "Coalition")—two college professors, and three undergraduate students. They sued the Secretary of Treasury and the Office of Foreign Assets Control within Treasury (the "Office") asserting that the 2004 amendments to the Office's regulations governing the Cuba trade embargo, which tightened restrictions on Cuba-based study programs, violated the First and Fifth...  

The petitioners, the Public Service Commission of Wisconsin (PSCW) and American Transmission Company LLC (ATC),1 challenge two orders of the Federal Energy Regulatory... ... ... Commission (FERC or Commission) approving a proposed tariff revision filed by the Midwest Independent Transmission System Operator, Inc. (MISO), a regional transmission organization (RTO).2 Midwest Indep. Transmission Sys. Operator, Inc., 114 F.E.R.C. ¶ 61,106 (Feb. 3, 2006) ("Order Conditionally Accepting and...  

Core Communications, a competitive local exchange carrier ("LEC"), petitioned the Federal Communications Commission for "forbearance" under § 10(c) of the Telecommunications Act of 1996, 47 U.S.C. § 160(c). Specifically it asked the Commission to forbear from "rate regulation preserved by" § 251(g), from "rate averaging and rate integration required by" § 254(g), and, in each case, from "related implementing rules." In re Petition of...  

In connection with the congressionally mandated switch from analog to digital broadcast television transmission on February 19, 2009, the Federal Communications Commission promulgated regulations requiring cable systems with analog-only subscribers either to transmit, for three years after the date of transition, both analog and digital signals of must-carry broadcast channels, or to switch to an all-digital system. Carriage of Digital Television Broadcast Signals, Third Report and Order, 22...  

This litigation concerns the document retention policies of the Office of the Vice President (OVP) under the Presidential Records Act (PRA), 44 U.S.C. §§ 2201 et seq. Plaintiffs, nonprofit organizations and historians, seek declaratory and mandamus relief against OVP, Vice President Richard Cheney, the Archivist of the United States, and related entities, alleging that OVP applies an unduly narrow construction of the statutory term "Presidential records," leading to the...  

On August 11, 2004, Ahmad Chalabi sued the Hashemite Kingdom of Jordan in federal court, alleging a civil RICO conspiracy and various torts related to Jordan's seizure of his bank some fifteen years earlier. Finding that Chalabi had alleged facts supporting jurisdiction over a foreign sovereign, the district court dispensed with jurisdictional discovery and dismissed Chalabi's claims as time-barred. We agree with both the approach and the result, and so affirm... I... Because the district court...  

On June 13, 2007, the Committee on the Judiciary of the United States House of Representatives issued a subpoena to Harriet Miers, former Counsel to President George W. Bush, seeking to compel her to produce documents and to appear and testify about the forced resignation of nine United States Attorneys in late 2006. On the same day, the Committee issued a subpoena to Joshua B. Bolten, President Bush's Chief of Staff, seeking documents regarding the same subject. President Bush asserted...  

Tyrone Hurt has filed numerous appeals without paying any filing fees. Finding Hurt abused the privilege of proceeding before this Court without paying the usually required fees, we revoke this privilege, dismiss his forty-four pending cases and bar him from filing any future civil appeals without paying the required fees... I... An extraordinary number of people, institutions, and inanimate objects have wronged Tyrone Hurt. In just the last couple of years, Hurt has sued the Declaration of...  

In the latest saga of this apparently never-ending battle between the parties over liability and damages for violating Title VII of the Civil Rights Act, the district court denied a motion of Appellants Trout, et al., ("the Trout class") seeking pre-November 21, 1991, interest on backpay and attorneys' fees awarded to them for being subject to sex discrimination in employment during the 1970's. The Civil Rights Act of 1991, which included a provision for the award of prejudgment...  

Fabi Construction, Inc. and Pro Management Group (hereinafter "Fabi") petition this court for an award of attorneys' fees and costs in the amount of $569,031.38 incurred in connection with the defense of citations issued by the Secretary of Labor (hereinafter "Secretary"). See Fabi Constr. Co. v. Sec'y of Labor, 508 F.3d 1077 (D.C. Cir... ... ... 2007). Fabi has submitted its attorneys' billing records along with its petition, and the Secretary has filed her opposition. After...  

Creekstone Farms Premium Beef, LLC (Creekstone) raises and slaughters for sale Black Angus cattle. In December 2003, many countries began to ban or severely limit importation of U.S. beef because bovine spongiform encephalopathy (BSE)—"mad cow disease"—had been found in one cow in Washington State. See U.S. Dep't of Agric., Publ'n No. LDP-M-143-01, An Economic Chronology of Bovine Spongiform Encephalopathy in North America 4 (2006) (Economic Chronology). To counter the...  

In this long-running dispute, now before us for a fifth time, McKesson Corporation alleges that the state of Iran unlawfully expropriated its investment in an Iranian dairy company. In this appeal, Iran raises a number of challenges to the latest decisions of the district court. We hold that the district court properly asserted subject matter jurisdiction, but reverse its conclusion that the treaty provides a cause of action and its refusal to reconsider its earlier ruling that customary...  

In this facial challenge, appellants contend that Title I of the Sarbanes-Oxley Act of 2002 ("the Act"), 15 U.S.C. §§ 7211-19, violates the Appointments Clause of the Constitution and separation of powers because it does not permit adequate Presidential control of the Public Company Accounting Oversight Board ("the Board"). Congress, however, made the Board's exercise of its duties subject to the comprehensive control of the Securities and Exchange Commission ("the...