The defendant in this case, Pedro Dyck, was one of the growing legion of aliens who are given long prison sentences, at great expense to the American taxpayer, prior to their ultimate deportation. Dyck was convicted at trial of illegal reentry into the United States after a previous deportation based ...

Here the Court reversed the district court's grant of a one level sentencing departure in a drug case based on the defendant's ties to the U.S., stating that a departure based on cultural assimilation "simply has no role in sentences for drug crimes".

U.S. v. Aguilar-Portillo, 334 F.3d 744 (8th ...

The defendant in this case appealed from a judgment of the district court which accepted his guilty plea to engaging in a racketeering conspiracy, operating an illegal gambling business, and engaging in interstate travel in aid of a racketeering enterprise. The defendant claimed that he was entitled to a downward ...

U.S. v. Aguilar-Portillo, 334 F.3d 744 (8th Cir. 07/01/2003) (Judge M.S. Arnold)
U.S. v. Martinez-Alvarez, 256 F.Supp.2d 917 (E.D. Wisc. 2003) (Judge Adelman)

For years, the courts have wrestled with ways in which to deal with some of the draconian effects of America’s deportation laws on an ever expanding group ...

Here the Court held that Guideline Amendment 602, which prohibits sentencing departures based on post-sentence rehabilitation, does not preclude departures based on extraordinary post-offense but pre-sentencing rehabilitation.

The question before the Court is this case was whether to continue in effect an injunction that was ordered by Judge Lord in 1987 which permanently enjoined prison officials from closing an inmate-run law clinic at Pennsylvania’s largest maximum security prison at Graterford. (See, U.S. ex rel. Para-Professional Law Clinic ...

Here the Court held that a downward adjustment for minor participation, pursuant to U.S.S.G. § 3B1.2(b), was permissible even though the defendant was the only participant charged in the drug crime.

The defendant in this case placed a large order for pseudoephedrine, a key methamphetamine ingredient, with a wholesale pharmacy. ...

The defendant in this case was charged with interference with commerce by force and possession and discharge of a firearm in furtherance of a crime of violence in connection with the attempted robbery of a small convenience market. Defendant filed a motion in limine seeking permission to admit expert testimony ...

Here the Court rejected a claim that the imposition of an eight level increase in the defendant’s base offense level based on acquitted conduct required a finding by clear and convincing evidence. It its decision, the Court reviewed the law on that topic in the other Circuits, and noted that, ...

Here the Court adopted a sweeping and expansive definition of the term “playground” as used in the schoolyard drug laws, by holding that those provisions apply whenever one sells drugs near recreational facilities that offer “games, sports and hobbies".

The defendant in this case appealed his conviction and sentence under ...

Defendant appealed the judgment of the United States District Court for the District of Columbia convicting him of unlawful possession of a firearm and ammunition by a felon in violation of 18 U.S.C.S. § 922(g)(1).

After responding to a 911 call by defendant's girlfriend alleging that defendant had threatened her ...

Here, by a vote of 8 to 4, the the Fourth Circuit refused to grant an en banc review of a ruling that upheld the right of the President to designate a United States citizen as an “enemy combatant” and to detain him indefinitely, without access to a lawyer.

Here, ...