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A federal judge in Texas is set to hear arguments on whether he should end the Deferred Action for Childhood Arrivals program, a case that could tee up a fast track for the issue to hit the Supreme Court this fall.District Judge Andrew Hanen, a George W. Bush appointee, will hear arguments from seven states that sued over DACA, a program that protects from deportation young undocumented immigrants who came to the US as children. The states, led by Texas, argue the DACA program is unconstitutional -- relying heavily on a previous court ruling from Hanen that blocked an expansion of the program and the creation of a similar program for immigrant parents from going into effect.At issue Wednesday will be whether Hanen should immediately order a halt to the program, setting the stage for him to make a final ruling on its constitutionality. 854

A dire warning from the National Weather Service has forced an evacuation around the College Lake Dam in Lynchburg, Virginia.A flash flood warning issued Thursday night by the NWS reports "if a complete failure of the dam occurs, the water depth at Lynchburg could exceed 17 feet in 7 minutes." The area impacted would be the city of Lynchburg, which is one mile downstream from the dam.An updated report issued just after midnight by the NWS said the dam has not failed, and is being closely monitored by emergency personnel for any signs of structural failure."Lynchburg Water Resources Department reported that 4 to 6 inches of heavy rain earlier in the evening caused College Lake to fill beyond its capacity.Piper Van dePerre, with the Lynchburg Department of Emergency Services, told CNN affiliate WDBJ that crews are working with a list of 124 residences that need to be evacuated because of the imminent threat of a dam break. It's not certain if all the structures are occupied along the rain swollen Blackwater Creek.The University of Lynchburg, which is nearby, says it has not ordered an evacuation because it is not downstream of the dam, according to affiliate WSLS.The CNN Weather Center said there a forecast of 1-3 inches of rain through Friday evening and that rain hasn't been above average, but the runoff is a contributor to the area flooding.The-CNN-Wire 1384

A man in Colorado who was sentenced to more than 300 years in prison for child sex crimes in 2015, is now walking free after his conviction was thrown out on a technicality.Michael Tracy McFadden, 46, was convicted for 19 counts of sexual offenses, including a habitual sex offender against children, according to KKCO. McFadden was released from the Arkansas Valley Correctional Facility on Tuesday.In June, the Colorado Court of Appeals found that McFadden's right to a speedy trial was violated when the judge in the case granted a continuance. When the court ruled that his statutes were violated, they threw out his conviction."Frankly I'm completely appalled with the decision," District Attorney Dan Rubenstein told KREX. "I find it offensive that our justice system would allow this to happen."Rubenstein explained to KREX that speedy trials are broken down into two categories: constitutional and statual.Constitutional speedy trials have no timeframe, depending on the case. However, in Colorado, statutory speedy right trials require a time frame of six months.Rubinstein told reporters, “Because the error here was that he shouldn’t have been tried longer than six months from the last time he waived speedy trial, there was no remedy for that, and therefore there is no ability to retry him." "The justice system completely failed in this situation. If you've heard the phrase 'got off on a technicality,' this is the phrase to the most stark sense I've ever seen it," said Rubinstein.Reports state that McFadden has been exonerated from all of his charges and does not have to register as a sex offender. 1661

A federal appeals court has ordered a judge to dismiss the government's case against former National Security Adviser Michael Flynn, marking an abrupt end to a years-long legal fight.The New York Times and CNN confirmed the ruling Wednesday morning.Flynn pleaded guilty to lying to the FBI in 2017 about his conversations with then-Russian Ambassador Sergey Kislyak as President Donald Trump prepared to take office after winning the 2016 election. He attempted to withdraw his guilty plea earlier this year, and in May, the Justice Department dropped all charges against him.Upon the Justice Department's decision, the judge in the case, Judge Emmet Sullivan, chose not to dismiss the case immediately. Instead, he sought counsel from the court of appeals. On Wednesday, a panel of three judges ruled that Sullivan did not have adequate reason to question the Justice Department's decision. 899

A cloud of dust from the Sahara Desert in North Africa is now sitting over the Southeastern U.S. and the Gulf of Mexico. It brings increased particles into the air and could cause respiratory issues while many states struggle with COVID-19 cases.An animation from NASA shows the movement of the plume and where it sits as of June 25. Saharan dust plumes moving east-to-west across the Atlantic are nothing new. However, this plume is thicker than normal, bringing higher levels of desert dust to the atmosphere. 519