This case involves a Freedom of Information Act (FOIA) request for information concerning disciplinary sanctions imposed on a former Assistant U.S. Attorney, one Karen Cox, for acts of prosecutorial misconduct. Ms. Cox had been the prosecutor in the case entitled U.S. v. Sterba, 22 F.Supp.2d 1333 (M.D.Fla. 1998) (P&J, 12/21/98). ...

Appellant U.S. Immigration and Naturalization Service (INS) appealed a judgment from the United States District Court for the District of Minnesota, which granted 28 U.S.C. § 2241 habeas relief in favor of appellee deportee. The deportee argued that under 8 U.S.C.S. § 1231(b)(2), the INS could not remove him to ...

Here the Court held that the district court had erred in ruling that the defendant/inmate had no rights under the FOIA to obtain a copy of his presentence report while in prison, a ruling that casts doubt on the validity of BOP PS # 1351.05.

It’s only an unpublished decision ...

Here the Court held that a non-custodial sentence, requiring the defendant to pay only a monetary fine, qualified as a sentence of 13 months of less for purposes of justifying a 12-level Guideline enhancement under U.S.S.G. § 2L1.2(b)(1)(B).

The defendant in this case was deported as a result of a ...

Plaintiff alien sued defendant jail authority under 42 U.S.C.S. § 1983 and Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C.S. § 2000d et seq. The authority moved to dismiss the alien's claims pursuant to Fed. R. Civ. P. 12(b)(6).

While waiting for a hearing on ...

Defendant pled guilty to illegal reentry following deportation, and he was sentenced to 46 months imprisonment. The District Court found that the defendant's criminal history category VI did not adequately reflect the seriousness of his past criminal conduct and departed upward from the guideline range by one offense level. Defendant ...

Here the Court held that, notwithstanding the provisions of 18 U.S.C. § 3145 (which it said applies only to the power of appellate courts), a district court may not overturn a pre-sentencing detention order based on “exceptional reasons.”.

This case is noted for its general discussion of whether and under ...

Few episodes in the history of American law enforcement have raised a greater furor than the FBI’s 51-day stakeout and subsequent siege of the Branch Davidian compound near Waco, TX. The siege itself, on April 19, 1993, led to the fiery deaths of at least 86 men, women and children ...