Petitioner inmate moved under Fed. R. Civ. P. 60 for relief from his conviction and sentence for tax evasion and money laundering, inter alia. Defendant United States opposed the motion.

The inmate claimed that his counsel failed to communicate a plea bargain offer. Preliminarily, the gravamen of the inmate's motion ...

In the United States District Court for the Southern District of Indiana, Indianapolis Division, defendant was convicted of possession of a firearm and ammunition by a felon, in violation of 18 U.S.C. § 922(g)(1). Defendant appealed.

The Government presented a 1995 Indiana abstract of judgment bearing defendant's name and reflecting ...

Defendant, who was charged with unlawful possession of firearms, moved to suppress various statements that he gave following his arrest, as well as the fruits of a search conducted that same day of an apartment that he occupied, along with the primary tenant, his girlfriend.

First, in the absence of ...

In White v. Scibana, 321 F.Supp.2d 1037 (W.D.Wisc. 2004) (P&J, 05/05/04), Judge Crabb ruled that, based on the plain language of 18 U.S.C. § 3624(b) and its legislative history, the Bureau of Prisons (BOP) has been miscalculating the “good time” credits it grants to Federal prisoners by short-changing them seven ...

As the Federal bar awaits the Supreme Court’s Blakely rulings in U.S. v. Booker and U.S. v. Fanfan, a number of judges have also begun to revisit some of the other aspects of the Guidelines that irk them. High on that list is U.S.S.G. § 5K1.1 - the provision that ...

In U.S. v. Mendoza-Lopez, 481 U.S. 828, 834 (1987), the Supreme Court concluded that due process requires that a "collateral challenge to the use of a deportation proceeding as an element of a criminal offense must be permitted" when the underlying proceeding is "fundamentally unfair" and when "the deportation proceeding ...

Defendant pleaded guilty to conspiracy to possess ၣocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a) and 846. The United States District Court for the District of Puerto Rico sentenced him to 136 months' incarceration. Defendant appealed his sentence, contending that the district court had failed to ...

In this case, Judge Korman explained his reasons for refusing to suppress evidence obtained from a wiretap placed on a cellular phone, even though he conceded that the affidavit in support of the wiretap contained information gleaned as a result of immunity agreements with the defendants.

The defendants, Ezra and ...

In a case that shows how easy it is to use the bait-and-switch technique in negotiating a plea agreement, the Sixth Circuit held that the prosecutor did not breach the plea agreement by promising not to seek a life sentence and then seeking 70-100 years.

In exchange for the petitioner’s ...

This is an interesting and informative decision in which Judge Dalzell explored in depth the remedies that are available to the Government to collect a criminal forfeiture. The defendants in this case were charged with fraudulently obtaining large sums from Independence Blue Cross, by billing for goods and services that ...

Denying rehearing en banc to decision reported at Muntaqim v. Coombe, 366 F.3d 102, 2004 U.S. App. LEXIS 8077 (2d Cir. N.Y., 2004); but see Muntaqim v. Coombe, 396 F.3d 95 (2nd Cir. Dec. 29, 2004) where Court granted a rehearing en banc.