U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale)
U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould)

These two cases are noted for their extended discussions of sentencing departures based on a defendant’s “cultural assimilation” into the United States - a ground that is frequently ...

U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale)
U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould)

These two cases are noted for their extended discussions of sentencing departures based on a defendant’s “cultural assimilation” into the United States - a ground that is frequently ...

In this case, Judge Goodwin concluded that a defendant involved in significant drug operation - who would have received a life sentence before Apprendi and 20 years before Blakely - could only now be sentenced to a term of 12 months. As a matter of interest, in footnote 11 of ...

In her earlier decision reported at 314 F.Supp.2d 81 (D.Mass. 2004), Judge Gertner granted in part defendant's motion to suppress evidence seized in a search of defendant's residence without probable cause or any other lawful basis for the search. The government moved for reconsideration of the order, arguing the court ...

An arrestee died from positional asphyxia after being fettered by police. Plaintiff, the arrestee's mother, sued defendant police officers for wrongful death and deprivation of civil rights. The U.S. District Court for the Middle District of Georgia granted the officers' motions for summary judgment on all claims, except the mother's ...

The Government requested to extend defendant's involuntary medical treatment for an additional 180-day period pursuant to 18 U.S.C.S. § 4241(d) in connection with his indictment for the murders of two police officers and the attempted murder of a third officer.

The court previously authorized the Bureau of Prisons to involuntarily ...

In their trial on conspiracy charges under 18 U.S.C.S. § 371, defendants filed motions to sever based on misjoinder under Fed. R. Crim. P. 14, a motion to dismiss based on speedy trial and multiplicity arguments, a motion to strike aliases, and a motion to suppress statements. Defendants further requested ...

Plaintiff attorney brought a complaint under 42 U.S.C.S. §§ 1981 and 1983 as well as state law, against defendants, who were associated with the assigned counsel plan for New York County. Defendants moved to dismiss pursuant to Fed. R. Civ. P. 12(b) (6) and (1). The United States District Court ...

Here Judge Thompson refused on various constitutional grounds to order the defendant to close down his Web site - now known as www.whosarat.com - which contains detailed information about a growing number of informants and undercover agents.

U.S. v. Carmichael, 326 F.Supp.2d 1267 (M.D.Ala. 2004) (Judge Thompson) (Carmichael I)
U.S. ...

Defendant challenged her convictions by the United States District Court for the Central District of California on charges of bank fraud and making false statements to a federally insured financial institution. Co-defendant did not challenge his convictions but did challenge his sentence and restitution order. Defendant challenged her sentence, but ...

America’s treatment of large groups of detainees at various military bases and installations overseas continues to generate huge controversy. Last month, the American Bar Association criticized what it called a “widespread pattern of abusive detention methods,” and it said those abuses “feed terrorism by painting the United States as an ...

U.S. v. Carmichael, 326 F.Supp.2d 1267 (M.D.Ala. 2004) (Judge Thompson) (Carmichael I)
U.S. v. Carmichael, 326 F.Supp.2d 1303 (M.D.Ala. 2004) (Judge Thompson) (Carmichael II)

For a long time, informants (a/k/a snitches, stool-pigeons, rats, etc.) have occupied an extremely prominent - albeit highly controversial - place in the American criminal justice ...

Here the Court vacated a gun conviction under 18 U.S.C. § 922(g)(3), finding that the Government had failed to proved that the defendant was “an unlawful user of or addicted to any controlled substance” at the time he possessed the gun in question. The Court held that the evidence merely ...

U.S. v. Castillo, 386 F.3d 632 (5th Cir. 09/22/04) (Judge Barksdale)
U.S. v. Rivas-Gonzalez, 384 F.3d 1034 (9th Cir. 09/27/04) (Judge Gould)

These two cases are noted for their extended discussions of sentencing departures based on a defendant’s “cultural assimilation” into the United States - a ground that is frequently ...