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RECENT RELEASES - U.S. COURT OF APPEALS, ELEVENTH CIRCUIT

Criminal law -- Search and seizure -- Incident to arrest -- Discovery of firearm while arresting defendant on writ of bodily attachment for unpaid child support -- A writ of bodily attachment for unpaid child support is a warrant for purposes of the Fourth Amendment -- Police officer could arrest defendant based solely on a civil writ of bodily attachment for unpaid child support -- Because officer legally arrested defendant, he could recover a firearm discovered in defendant's waistband as part of a search incident to arrest -- District court correctly denied motion to suppress -- Sentencing -- Defendant waived his right to argue on appeal that he is not an armed career criminal where he pleaded guilty to violating ACCA, affirmatively asked the court to sentence him under the Act, and chose not to object to qualifying convictions for possession of cocaine with intent to sell stated in the presentence investigation report -- Even if defendant had not waived the arguments challenging his sentence, all three arguments are foreclosed by precedent
VIEW OPINION

Jurisdiction -- Extraterritorial -- Discovery orders -- Judicial assistance -- Section 1782 action filed by former spouse, a resident of Russian Federation where parties' marriage was dissolved, seeking judicial assistance in post-judgment discovery efforts to obtain from individual and her employer-corporation located in the U.S. documents expected to reveal former husband's beneficial ownership of Bahamian corporation -- District court properly rejected third-party corporation's argument that section 1782 does not reach documents located in foreign countries -- Location of responsive documents and electronically stored information does not establish a per se bar to discovery under § 1782 -- District court applied correct legal standard when it determined that “the legal right to obtain documents requested upon demand” may be established where affiliated corporate entities, who claim to be providers of complementary and international financial services, have actually shared responsive information and documents in the normal course of their business dealings -- Factual finding that significant circumstantial evidence established that corporation had control over responsive documents in physical possession or custody of Bahamian affiliate was not clearly erroneous -- Order finding respondents in contempt and imposing sanctions was not founded on unlawful orders and was supported by sufficient evidence of bad faith
VIEW OPINION