Multiple defendants, charged with racketeering and weapons offenses under 18 U.S.C. § 1962 and 18 U.S.C. § 924(c), murder in aid of racketeering 18 U.S.C. § 1959(a), and related offenses, moved generally for severance of their trials under Fed. R. Crim. P. 14, alleging certain defendants had conflicts with others, ...

This decision is noted principally for its detailed analysis of some of the appellate review provisions of the Feeney Amendment, the special sentencing law that was suddenly attached to provisions of the PROTECT Act (which dealt with the abduction of children), without any debate or input from the U.S. Sentencing ...

This decision adds a bit more lore (if not law) to the ongoing debate about the ever-expanding use of unpublished decisions in the Federal courts. Here, after his state conviction for attempted murder was affirmed on direct appeal, and his petition for habeas relief was denied in the Federal courts ...

Here the Court held that the “reasonable cause to believe” standard contained in 21 U.S.C. 21 U.S.C. § 841(c)(2) does not require the Government to prove that the defendant had any actual knowledge that her distribution of chemicals would lead to a crime.

This case focuses attention on the mens ...

Here the Court reversed the district court's ruling that the defendant was entitled to a departure for substantial assistance because the Government had acted in bad faith in refusing to file the required motion to divest the court of its discretion.

This is another substantial assistance case that graphically shows ...

Here the Court clarified the standards for permitting a withdrawal of a plea agreement, holding the the "fair and just reason" rule that governs withdrawal of a plea may be used as an appropriate "benchmark" - but with differences.

Rule 11 of the Fed.R.Crim.P. sets forth extensive procedures governing the ...

Here Judge Gertner issued a landmark ruling in which she directed that, if juries convict two alleged gang members of murder at their forthcoming trials, different juries must decide whether the men should get the death penalty.

Simply put, Judge Gertner continues to amaze. Since her appointment to the bench ...

Here the Court held that jeopardy attaches once a district court accepts a guilty plea, and thus, if the district court subsequently rejects the plea agreement, it does not thereby have the authority to vacate the plea itself.

This is an interesting decision that shows a small, but significant, new ...