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United States Attorneys Bulletin U.S Department of Justice Executive Office for United States Attorneys United States Attorneys Bulletin Published by Executive Office for United States Attorneys Washington D.C For the use of all U.S Department of Justice Attorneys VA EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS 23 VOL 32 NOVEMBER 30 1984 NO VOL 32 NOVEMBER 30 .1984 NO 23 TABLE OF CONTENTS Page COMMENDATIONS 737 POINTS TO REMEMBER Application Of Insanity Defense Changes To Pending Cases... 739 Bluesheets Arid Trarismittals United States Attorneys Manual 740 CrimeslnFederalJudicjalDistrjcts JoRlSDataBaseListing.. 740 Teletypes To All United States Attorneys. 740 CASENOTES OFFICE OF THE SOLICITOR GENERAL Cases Recently Filed In The Supreme Court By The Solicitor General 741 CIVIL DIVISION Supreme Court Grants Certiorari In Combined Federal Campaign Case Devine NAACP Legal Defense and Education Fund Inc.... 742 Supreme Court Agrees To Decide Whether Orders Denying Qualified Immunity To Government Officials In Constitutional Damages Actions Are Immediately Appeal able Under The Cohen Collateral Order Doctrine Mitchell Forsyth. 742 D.C Circuit Reverses District Court Order Requiring Labor Department To Pay An Estimated $215 Million In Supplemental Unemployment Assistance International Union United Automobile Aerospace and Agricultural Implement Workers of America Donovan... 744 D.C Circuit Holds That Secretary Of HHS Must Attempt To Determine Whether Iran Has Qualifying Social Insurance System Which Would Permit Resumption Of Suspended Social Security Payments To Iranian Citizens Residing In Iran Even In The Absence Of Direct GovernmentToGovernment Contacts Between The United States And Iran anem Heckler 745 D.C Circuit Grants Rehearing And Further Restricts Third Party Grant Claims On Jurisdictional Grounds NationalJuvenuleLawCenterv.Regnery ....746 VOL 32 NOVEMBER 30 1984 NO 23 TABLE OF CONTENTS Page Ninth Circuit Upholds Constitutionality Of OBRA IncomeVerification Requirements Upholds USDA Implementing Regulations Against APA FOIA And Privacy Act Challenges Alcaraz Block ..... .....es... 748 TAX DIVISION Tax Court Holds Baggot And Sells Decisions Non- Retroactive luger Commissioner 750 OFFICE OF LEGISLATIVE AND INTERGOVERNMENTAL AFFAIRS .. 751 APPENDIX FEDERAL RULES OF CRIMINAL PROCEDURE Rule 35b This page should be placed on permanent file by Rule in each UnitedStatesAttorneyslibrary ....752 United States Attorneys Manual Bluesheets 753 United States Attorneys Manual Transmittals 757 Crimes inFederaiJudicialDiStrictS ....769 JURIS Data Base Listing 770 List of Teletypes to All United States Attorneys 773 ListofUnitedStatesAttorneys ........774 ii VOL 32 NOVEMBER 30 1984 NO 23 COMMENDATIONS ___ Assistant United States Attorney CHARLES BENSON BURCH Northern District of California was commended by Mr Thaddeus Rojek District Counsel United States Customs Service for persuading the court to grant the governments motion for summary judgment thereby forfeiting $831160.45 to the United States Assistant United States Attorney CAROL BRICKLEY Debt Collection Unit Western District of Pennsylvania was commended by Mr John Pisano Manager Title Branch Department of Housing and Urban Development for her excellent performance in obtaining payments on behalf of the Pittsburgh office Title Branch in fiscal year 1984 Assistant United States Attorney PATRICK R.S BUPARA Northern District of California was commended by Mr Stanley Sporkin General Counsel Central Intelligence Agency for his successful efforts to protect information concerning sensitive intelligence sources and methods from unauthorized disclosure Assistant United States Attorney CORNELIUS JOSEPH CALNAN Chief Civil Division Southern District of Texas was selected as the 1984 Employee of the Year in the supervisory category by the HoustonGalveston Area Federal Business Association Assistant United States Attorney JANIS CAPLAN GORDON Northern District of Georgia was commended by Mr Rufus Embry Special Agent in Charge Bureau of Alcohol Tobacco and Firearms Atlanta Georgia for her exemplary service during the investigation and trial in the matter of United States Emanuel Isaacs The Isaacs case was significant arson prosecution involving nude organized criminal groups which vied for control of Atlantas dancing clubs Assistant United States Attorney ESTHER HIRSH Northern District of California was commended by Mr Richard Riseberg Office of General Counsel Department of Health and Human Services HHS for her successful representation of HHS in case Health Education Assistance Loan Chapter 13 bankruptcy Assistant United States Attorney CHARLES NIVEN Middle District of Alabama was commended by Mr Charles Jeter Regional Administrator Environmental Protection Agency Region IV for his successful prosecution of the first criminal case in the southeast under the Resource Conservation and Recovery Act in United States Hayes International 737 VOL 32 NOVEMBER 30 1984 NO 23 Assistant United States Attorney RONALD SIEVERT Eastern District of Texas was commended by Governor Mark White State of Texas and Mr William Webster Director Federal Bureau of Investigation for his successful investigation and prosecution of Lester Leroy Bower Jr charged with capital murder Assistant United States Attorney SIEVERT was appointed as Special Prosecutor under the CrossDesignation program 738 VOL 32 NOVEMBER 30 1984 NO 23 EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS William Tyson Director POINTS TO REMEMBER Application of Insanity Defense Changes to Pending Cases Chapter IV of the Comprehensive Crime Control Act of 1984 substantially modifies the federal law on the insanity defense and on the disposition of individuals suffering from mental disease who are involved in the federal criminal justice system As result of ex post facto considerations with regard to the application of some of the provisions of Chapter IV to pending cases the Department has determined that except for the cases described below prosecutions should not seek to apply the new statutory standard and burden of proof provisions to conduct occuring prior to the date of enactment October 12 1984 See Dobbert Florida 432 U.S 282 292 1976 citing Beazell Ohio 269 U.S 167 169170 1925 United States Williams 475 2d 355 D.C Cir 1973 However in cases in which the defendant presents clear danger of serious violence and in which there exists likelihood of acquittal under the prior judiciallydeveloped standard in the circuit but likelihood of conviction under the standard recently adopted in the Fifth Circuit prosecutors should consider arguing that judicial acceptance of the Fifth Circuit standard is appropriate see United States Lyons 741 2d 243 5th Cir 1984 Before making such an argument however authorization must be obtained from the Assistant Attorney General for the Criminal Division Assistant United States Attorneys should telephone the Criminal Division contacts listed below regarding requests for authorization In addition because the quantum of evidence necessary to produce an insanity acquittal under the prior burden of proof may not necessarily be sufficient under the due process clause to support involuntary commitment the policy of the Department is that the automatic commitment procedures of new 18 U.S.C 4243 and the use of the not guilty only by reason of insanity special verdict of new 18 U.S.C 4242 should not be applied to persons whose changed conduct occurred before October 12 1984 See Jones United States U.S 103 S.Ct 3043 1983 All other provisions of Chapter IV including the revision to Rule 704 of the Federal Rules of Evidence concerning expert opinion testimony are immediately applicable to pending cases 739 VOL 32 NOVEMBER 30 1984 NO 23 Inquiries concerning the new provisions should be directed to Beneva Weintraub 7247083 or William Brown 7246899 in the General Litigation and Legal Advise Section In addition copies of significant pleadings and decisions involving the insanity defense should be sent to the General Litigation and Legal Advise Section 315 9th Street N.W Room 504 Washington D.C 20530 Criminal Division Bluesheets and Transmittals United States Attorneys Manual Appended to this issue of the Bulletin are updated lists of United States Attorneys Manual Bluesheets and Transmittals as of November 15 1984 Executive Office Crimes in Federal Judicial Districts The 1983 crime data Crimes in Federal Judicial Districts Uniform Crime Report Federal Bureau of Investigation isappended to this Bulletin Executive Office JURIS Data Base Listing Appended to this issue of the Bulletin is the most recent JURIS Data Base listing revised as of November 1984 Executive Office Teletypes To All United States Attorneys listing of the teletypes sent by the Executive Office during the period from November 1984 through November 30 1984 is attached as an appendix to this issue of the Bulletin If United States Attorneys office has not received one or more of these teletypes copies may be obtained by contacting Ms Theresa Bertucci Chief of the Communications Center Executive Office for United States Attorneys at FTS 6331020 Executive Office 740 VOL 32 NOVEMBER 30 1984 NO 23 OFFICE OF THE SOLICITOR GENERAL Solicitor General Rex Lee The Solicitor General has authorized the filing of brief as amicus curiae in support of the petitioner in Mountain S.Ct States Telephone Telegraph Co Pueblo of Santa Ana No 84262 The questions presented are whether the conveyance by the respondent Pueblo in 1928 of rightofway permitting petitioner to maintain telephone line across the Pueblos land made with the approval
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