Plaintiff United States sued defendant attorney, alleging conversion and civil theft. The court granted the government's motion for summary judgment. The attorney sought reconsideration of the grant of summary judgment on the conversion claim and part of the civil theft claim, and moved to set aside the punitive damages verdict. ...

Here, as a matter of first impression for the Eighth Circuit, the Court joined with the Second, Fourth, Sixth and Seventh Circuits in holding that a second, uncharged drug type cannot be added to the charged drug type in order to trigger a higher quantity-based statutory penalty range.

In this ...

In this decision, Judge Adelman firmly rejected the Probation Department’s efforts to increase the defendant’s sentence by adding one criminal history point for a 1998 conviction for loitering - on the grounds that the loitering in question was for the purpose of “illegal drug activity.” Noting that the Probation Department ...

Here the Court vacated a sentence after finding that the prosecutor paid lip service to its obligation to recommend a sentence at the low end of the Guideline range, while at the same time undercutting its obligation by arguing for a stiffer sentence.

With a rare rebuke to a prosecutor ...

In its exhaustive review of the current habeas and post-conviction law, the Court stated in part:

"The writ of habeas corpus is a single post-conviction remedy principally governed by two different statutes. . . .

The difference between the statutes lies in the breadth of the situations to which they ...

This case addresses the scope of permissible factors that may be considered by a court in deciding whether to grant a Government motion to reduce a sentence pursuant to Rule 35(b) of the Fed.R.Crim.P. That Rule authorizes the Government to seek a reduction in a sentence that has already been ...

Here the Court rejected a series of constitutional challenges to the Feeney Amendment, including challenges that its retroactive use violates the ex post facto clause and that the new law violates the separation of powers doctrine.

As the chorus of discontent about the Feeney Amendment get louder, we are beginning ...