Here the Court upheld a two-level enhancement for the “transmission” of child pornography under U.S.S.G. § 2G2.2(b)(5), even though the defendant only received the materials, holding that the Guideline is not limited to transmissions by the defendant.

Based on the current growth rate of Federal pornography prosecutions, it would not ...

Here the defendant pled guilty to tax evasion and he was sentenced to eight months imprisonment followed by three years of supervised release. At sentencing, the district court denied his request for a downward departure based on diminished capacity. The court did, however, impose several special conditions of supervised release ...

Petitioner, a Cuban national, filed a petition for writ of habeas corpus under 28 U.S.C.S. § 2241, arguing that his continued detention while awaiting removal was beyond the statutory authority of respondents, the United States Attorney General and others, and the indefinite detention violated his Fifth Amendment right to due ...

Here the Court held that the district court had erred when it determined by a preponderance of the evidence that because the defendant was responsible for more than 50 kilograms of marijuana, he must be sentenced to a mandatory minimum sentence.

Following the Supreme Court’s disappointing plurality decision in Harris ...

The defendant in this case was indicted on five counts involving the illegal distribution of the drug known as ecstasy. The caption of one of those counts described that offense as “distribution resulting in serious bodily injury,” in violation of the provisions of 21 U.S.C. § 841(b)(1)(C), even though the ...

The defendant in this case deliberately set fire to five churches in Georgia. One fire resulted in the death of one volunteer firefighter and bodily injury to three other firefighters. He pled guilty to four counts of church arson in violation of the Church Arson Prevention Act (18 U.S.C. § ...

The defendant in this case pled guilty to two counts of being a public official who accepted a thing of value in return for introducing prohibited contraband into a federal prison in violation of 18 U.S.C. § 201(b)(2)(C). The District Court For the Southern District of Mississippi sentenced defendant to ...

In a case where the defendant was challenging the constitutionality of his prior convictions, the district court erred by improperly placing the burden of proof on the Government to prove that defendant's prior waivers of counsel were valid.

The government appealed the sentence imposed by the United States District Court ...

In this case, the appellant-inmate sued various prison officials and employees for retaliation, claiming that the defendants had repeatedly billed him for monies allegedly owed on his personal account, even though the inmate had paid the balance. Defendants transferred monies from the inmate's trust account to pay the balance. After ...

In the words of the Court, this case “presents an issue of first impression in the federal courts: whether the terrorism guideline, § 3A1.4 of the United States Sentencing Guidelines (the "Guidelines" or "U.S.S.G."), impermissibly double counts by increasing both the offense level and the criminal history category for a ...