Here the Ninth Circuit granted a writ of habeas corpus, holding that the state court had erred in not granting the indigent petitioner's request for a complete record from his first trial, causing him prejudicial harm at his second trial.

Robert E. Kennedy, the petitioner in this case, was tried ...

The Court held that the district court had erred in dimissing a petition for habeas relief without holding an evidentiary hearing, where the petitioner claimed his counsel wis ineffective for letting him plead guilty while under the influence of Percocet.

Waucaush v. U.S., 380 F.3d 251 (6th Cir. 2004) (Judge ...

Waucaush v. U.S., 380 F.3d 251 (6th Cir. 2004) (Judge Cole)
U.S. v. Bradley, 381 F.3d 641 (7th Cir. 2004) (Judge Ripple)
U.S. v. Howard, 381 F.3d 873 (9th Cir. 2004) (Judge Fisher)

According to the U.S. Sentencing Commission’s 2002 Sourcebook of Federal Sentencing Statistics, Appendix B, “National Sentencing Statistics,” ...

The plaintiffs in this case, an organization led by the Rev. Roy Bourgeois, annually engage in a nonviolent demonstration on public property adjacent to Fort Benning, GA, protesting the Government’s funding of the Western Hemisphere Institute for Security Cooperation, better known as the “School of the Americas” (SOA). The SOA, ...

The instant sentencing memorandum opinion concerned the sentencing of two defendants, minor drug dealers, and was impacted by the United States Supreme Court's decision in Blakely v. Washington, 124 S. Ct. 2531 (2004).

Defendants were involved in a typical drug case where the offense itself was instigated by the government's ...

Here the Court held that a mutual mistake of fact as to an essential element of one of the offenses covered by the plea agreement invalidated the entire agreement and entitled the defendant to withdraw his plea on all charges covered by the agreement.

Waucaush v. U.S., 380 F.3d 251 ...