Judge Kozinski, who wrote one of the several concurring opinions in this lengthy en banc decision, described the remarkably different views of the judges in this case about the issue before the Court. On the one hand, the majority saw the issue as a fairly narrow and somewhat mundane question ...

On remand from the Supreme Court in light of its holdings in Apprendi v. New Jersey, 530 U.S. 466 (2000) and Ring v. Arizona, 536 U.S. 534 (2002), defendant appealed the judgment of the United States District Court for the Eastern District of Missouri sentencing him to death following his ...

Defendant's refraining from drug use and drug sales for a period of nearly two years prior to his arrest did not constitute "extraordinary rehabilitation," particularly in light of his disruptive and sometimes violent behavior while detained before sentencing. The 37-month downward departure is reversed.

This is an interesting decision because it highlights the gradual - but now quite pronounced - erosion of the concept of valid “waivers” of legal rights in the American criminal justice system. As recently as 1986 - just before the advent of the Guidelines and the Congressional mandates to cut ...

Here the Court totally ignored Judge Harrington's prior and highly vocal decision to recuse himself from a prior remand; and decided to replace its earlier decision with this amended (and somewhat softer) version - and then remand the case again.

This is the third in a series of rulings in ...

U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple)
U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple)

These two cases addressed some of the highly complex sentencing rules that apply when a defendant is convicted of two crimes, one of which is a crime of ...

Here the Court reduced by a significant amount a record setting award of legal fees under the Hyde Amendment, finding, inter alia, that the district court had erred by not limiting the maximum fees to the $125 per hour limit set forth in 28 USC § 2412(d).

This case is ...

In July of 1999, James Gibson, the defendant in this case, was indicted on eight counts stemming from his activities as owner and president of a company engaged in the sale of “tax-advantaged structured settlements to personal injury settlements.” Three of the counts were for mail fraud; two were for ...

Here the Court vacated a sentence after finding that the district court had erred in ruling that the defendant’s guilty plea necessarily admitted the drug quantity that was alleged in the indictment.

In this case, the Ninth Circuit vacated a sentence after finding that the district court had committed an ...

U.S. v. Howard, 352 F.3d 332 (7th Cir. 2003) (Judge Ripple)
U.S. v. Alcala, 352 F.3d 1153 (7th Cir. 2003) (Judge Ripple)

These two cases addressed some of the highly complex sentencing rules that apply when a defendant is convicted of two crimes, one of which is a crime of ...