In 1999, a number of corrections officers working for the Westchester County Department of Corrections were arrested on charges of grand larceny, arising out of their suspected receipt of disability benefits based on fraudulent job injury claims. Their arrests were carefully timed, choreographed and video-taped, and the video-tapes were then ...
In U.S. v. McCoy, 323 F.3d 1114 (9th Cir. 2003), the Ninth Circuit addressed the constitutionality of one of the many parts of 18 U.S.C. § 2252 - the sweeping “exploitation of minors” statute which seems to becoming more popular in Federal prosecutions even than the general catchall conspiracy statute ...
Here Judge Gertner held that the BOP's new 10% Rule, which was adopted in December 2002 and which limited halfway house placement is legally invalid, as it did not comply with the Administrative Procedure Act and it violated the Due Process Clause.
After petitioners, federal inmates, were sentenced, the Federal ...
Few laws in recent times have been as controversial as the USA PATRIOT Act (“Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act”) (herein Patriot I), which Congress hastily enacted into law after the 9/11 terrorist attacks. Civil rights groups across the nation have ...
Here, building on its decision in U.S. v. Marcucci, 299 F.3d 1156 (2002), the Court held that that a model jury charge telling grand jurors not to consider the wisdom of criminal laws did not impermissibly infringe on the grand jury's independence.
Here the Court upheld a 4-level sentencing enhancement, pursuant to U.S.S.G. § 2G2.2(b)(3), for possession of materials that portrayed “sadistic or masochistic conduct” despite the absence of any expert testimony that the conduct in question was sadistic.
The defendant in this case, Randy Kimler, was convicted of receiving, possessing and ...
Here the Court upheld as authorized by the plain language of the underlying statutes two special conditions of supervised rellease to give DNA samples and to attend sex eduction therapy imposed on a defendant convicted of possession of child pornography.
The defendant in this case, Randy Kimler, was convicted of ...
