This is an important decision regarding the current state of the law regarding the admissibility of evidence regarding handwriting analysis under Rule 702 of the Fed.R.Evid.. In his decision, Judge Martone has presented a comprehensive review and analysis of the two Court of Appeals decisions and the nine Federal district ...

Here the Court affirmed a six-level enhancement under U.S.S.G. § 2A6.1(b)(1) for conduct evidencing an intent to carry out a threat, based on district court’s determination that the enhancement covers conduct that occurred prior to the offense of conviction. The Court also held that the district court did not erroneously ...

Calling the mish-mash of Federal child pornography laws “overlapping,” “incongruous,” and even “draconian,” Judge Lynch cut through a broad swath is issues and provided a comprehensive review of sex crimes under §§ 2251(c)(1)(A) and 2252A(a)(2)(B).

Anyone who believes that the Federal anti-child pornography laws are not directed at thought control ...

The pro se petitioner in this case sought to vacate his sentence on five grounds, including judicial bias. The trial judge denied relief on four grounds but recused himself on a judicial bias issue. The new judge ruled on the bias question, and then reconsidered and overruled his predecessor'a adjudication ...

The defendant, Ronald Clipper, pled guilty to unlawful possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). Clipper’s Guideline sentencing range was 57-71 months and he was sentenced to 71 months in prison. In the words of the Court, Clipper’s Guideline range ...

Here, by a vote of 6 to 5, the Court held that the Constitution's prohibition against cruel and unusual punishment would not be violated if prison authorities forcibly administered antipsychotic drugs to the petitioner to render him sane for execution.

Here, in reversing a prior panel decision, a divided en ...

One of the more confusing issues in the Federal court system is the scope of a sentencing court’s review of arguments and facts after a remand from an appellate court. Put differently, can the defendant raise, or can the district court consider (either sua sponte or otherwise), issues and objections ...

Here, without ever addressing the prior panel's reasoning that a person could not be an unlawful user of drugs for purposes of § 922(g)(1) absent frequent use of drugs in large quantities, the Court reinstated the conviction on highly technical grounds.

The defendant in this case, Ismael Herrera, was convicted ...