Here the Ninth Circuit, sitting en banc, overruled a three-judge panel decision previously reported at 323 F.3d 700 (9th Cir. 2003) and held, by a vote of 8-to-3, that a suspicionless and warrantless search of the defendant’s residence for evidence of a pre-parole crime did not violate the Fourth Amendment, ...

U.S. v. Wilmore, 381 F.3d 868 (9th Cir. 08/25/2004) (Judge Lay)
U.S. v. Gonzalez-Marichal, 317 F.Supp.2d 1200 (S.D.Cal. 2004) (Judge Miller)
U.S. v. Massino, 319 F.Supp.2d 295 (E.D.N.Y. 2004) (Judge Garaufis)

As expected, the number of lower court decisions dealing with the Supreme Court’s recent Confrontation Clause decision, Crawford v. ...

Defendant was charged with violating the conditions of his unsupervised release. The matter was before the court on the limited issue of whether, pursuant to Crawford v. Washington, it was a violation of defendant's right to confrontation for the court to consider the hearsay testimony of defendant's wife, in determining ...

Just two weeks after calling for an en banc review in this case, a majority of the active judges from the Sixth Circuit held, by a voye of 8 to 5, that the Supreme Court's decision in Blakely v. Washington does not compel the conclusion that the Federal Sentencing Guidelines ...

U.S. v. Wilmore, 381 F.3d 868 (9th Cir. 08/25/2004) (Judge Lay)
U.S. v. Gonzalez-Marichal, 317 F.Supp.2d 1200 (S.D.Cal. 2004) (Judge Miller)
U.S. v. Massino, 319 F.Supp.2d 295 (E.D.N.Y. 2004) (Judge Garaufis)

As expected, the number of lower court decisions dealing with the Supreme Court’s recent Confrontation Clause decision, Crawford v. ...

Challenges to the Government’s choice of venue are rarely made, in large part because they are so rarely granted. However, as this decision observes, defendants have a constitutional right to be tried in “a district in which the crime was committed“; and that the purpose of that right is to ...

This is a case in which the defendant's supervised release was revoked based entirely on the hearsay testimony of his probation officer Carmen Wallace. The First Circuit did not decide whether Crawford v. Washington applied to supervised release revocation hearing. Instead, it used an abuse of discretion standard and Rule ...

The United States District Court for the District of New Mexico found that, on the one hand, a U.S. Sentencing Guidelines Manual § 2D1.1 sentence enhancement applied because a dangerous weapon was possessed, and that, on the other hand, for purposes of a downward departure under U.S. Sentencing Guidelines Manual ...

U.S. v. Wilmore, 381 F.3d 868 (9th Cir. 08/25/2004) (Judge Lay)
U.S. v. Gonzalez-Marichal, 317 F.Supp.2d 1200 (S.D.Cal. 2004) (Judge Miller)
U.S. v. Massino, 319 F.Supp.2d 295 (E.D.N.Y. 2004) (Judge Garaufis)

As expected, the number of lower court decisions dealing with the Supreme Court’s recent Confrontation Clause decision, Crawford v. ...

This case shows some of the unheralded abuses of the Grand Jury process that at times appear to be so out of control; and the “helpless piety” of the courts in responding with little more than the type of “ritualistic verbal spankings” once strongly condemned by Judge Jerome Frank. (See ...