Here the Court vacated a felon in possession conviction on the grounds of insufficient evidence, holding that an attempt to prove the possession element of the crime under Pinkerton's vicarious liability doctrine was improper.

This is an interesting decision in which the Court vacated a conviction for possession of a ...

The defendant in this case, Rafael Rodriguez, a drug “mule,” pled guilty to importing drugs from Panama. Pursuant to his plea agreement, the Government agreed not to oppose a two-level downward sentence adjustment for a minor role under U.S.S.G. § 3B1.2; and the Probation Office recommended that he be given ...

Here, joining with six other Circuits (the First, Second, Fourth, Fifth, Seventh and Ninth), the Tenth Circuit held that the Government is entitled to notice that the district court is considering a downward departure; and thus it vacated and remanded a sentence to give the Government an opportunity to present ...

In this case, involving a habeas claim from a sexual assault and aggravated battery conviction, the Seventh Circuit held that trial counsel was constitutionally ineffective for failing to investigate and interview exculpatory eyewitnesses, and for making promises to the jury in opening statements that were not kept.

The petitioner-inmate was ...

Here, in a detailed analysis of the applicable law, the Court held that a prior conviction on a drug conspiracy charge did not bar a subsequent prosecution for murder while engaging in the drug trafficking conspiracy under either Blockburger or Garrett.

Defendant filed a motion to dismiss an indictment, arguing ...

Here the Court held that under the IRRIRA Federal courts no longer have the jurisdiction to reviewဠdiscretionary denials of relief made by immigration judges, even under the "exceptopnal and extremely unusual hardship" language of 8 U.S.C. § 1229(b)(1).

In this case the Court held that Federal courts no longer have ...

In this brief order, Judge Jones concluded that a grand jury proceeding constitutes a “criminal proceeding” within the meaning of the Material Witness Statute (18 U.S.C. § 3144). Accordingly, he agreed that the Government could detain the witness, Maher Mofeid Hawash, but not indefinitely, and he directed the Government to ...

Here the Court held that once a party to a joint defense agreement agrees to cooperate with the government and testify against co-defendants/co-conspirators, he waives any privilege he may have enjoyed as part of the joint defense agreement.

This decision is noted for its comprehensive review and analysis of several ...

Here the Court summarily reversed a Ninth Circuit decision that had granted habeas relief to a death row inmate on the grounds that his counsel had been per se ineffective for making a series of derogatory comments about his client.

In Gentry v. Roe, 320 F.3d 891 (9th Cir. 2003) ...

In this brief Sentencing Memorandum, Judge Magnuson lashed out at recent attempts by Congress and the Justice Department to bully judges into imposing tough sentences - calling the efforts an "unwarranted intimidation of the judiciary".

In this widely-reported Sentencing Memorandum, Judge Magnuson lashed out at the recent attempts to “intimidate” ...

After the defendant in this case pled guilty to mailing a threatening communication in violation of 18 U.S.C. § 876(c), he was sentenced to a term of 21 months imprisonment. The defendant challenged the sentence, arguing that the district court erred by imposing a sentence enhancement under U.S.S.G. § 2A6.1(b)(2) ...

Here the Court held that where the defendant's first trial resulted in acquittal on two counts of possession and a hung jury and mistrial on the third count, double jeopardy did not bar the government from reintroducing evidence regarding the acquittal counts at the retrial of the third count.