Defendants appealed from the United States District Court for the District of Puerto Rico, arguing it was error for deny the motions to withdraw their guilty pleas, which were part of a package deal, that is, the government's offer was contingent on all defendants entering plea agreements. One defendant also ...

The defendants, Roberta Dupre and Beverly Stambaugh, were indicted for wire fraud arising out of their wild scheme to defraud potential investors by falsely inducing them to pay “advance fees” in order to secure the release of approximately $9 billion in frozen funds purportedly belonging to the family of the ...

This child pornography case is noted for the unusually broad discovery order that was granted to the defendant by Judge Gertner over the Government’s objections. The defendant, who was charged with receiving and possessing child pornography, filed a motion for the production of electronic images of children that were seized ...

In this case, Judge Shira Scheindlin of the S.D.N.Y. dismissed a fraud indictment five years after it was brought and eleven years after the alleged crime, holding that the speedy-trial “clock” begins to run when an indictment is filed, regardless of whether the indictment is sealed. The Government had relied ...

In this case, Judge Marrero of the S.D.N.Y. granted the defendant an eleven-level downward departure based on aberrant behavior under the provisions of U.S.S.G. § 5K2.20. The defendant pled guilty to making her apartment available to her co-defendant for the purpose of storing and packaging of heroin. Her co-defendant was ...

This case is noted for its excellent, up-to-date summary of the state of the law relating to Bruton violations (Bruton v. U.S., 391 U.S. 123 (1968)). The defendant, who was convicted of conspiracy to distribute cocaine, argued that the admission during his trial of a detective’s prior grand jury testimony ...

The Court held that a lawyer, facing overwhelming evidence that his client is guilty of capital murder, may make a reasonable strategic decision to concede guilt in open court, even if not authorized by his client, to preserve credibiliy for sentencing.

In this case the Supreme Court held that a ...

In a decision that pretty much speaks for itself, Judge Bates has delivered another blow to the latest of the Administration’s attempts to deny any constitutional rights to persons it considers to be terrorists and to keep them in places beyond the reach of the U.S. judiciary so it can ...

U.S. v. Trala, 386 F.3d 536 (3rd Cir. 2004)
U.S. v. Cromer, No. 02-2394 (6th Cir. 11/30/04)

The tide of cases interpreting the Supreme Court’s landmark Confrontation Clause decision in Crawford v. Washington, 541 U.S. 36 (2004) is beginning to swell dramatically; and it is hard to keep up with ...

The issue before the Court in this case was whether an arrest is lawful under the Fourth Amendment when the criminal offense for which there is probable cause to arrest is not "closely related" to the offense stated by the arresting officer at the time of arrest. That issue was ...

n 1999, Officer Rochelle Brosseau, a member of the Puyallup, WA police department, went to a home to arrest Kenneth Haugen, who was accused of selling drugs and stealing tools from a co-worker. When Haugen saw her coming, he jumped in his Jeep, locked the car doors, and began to ...

Defendant appealed the judgment of the United States District Court for the Northern District of Georgia convicting him of kidnapping in violation of 18 U.S.C.S. § 1201(a)(1).

Defendant was convicted of kidnapping his victim from a parking lot and sexually assaulting her. Defendant appealed, arguing that the district court abused ...

U.S. v. Trala, 386 F.3d 536 (3rd Cir. 2004)
U.S. v. Cromer, No. 02-2394 (6th Cir. 11/30/04)

The tide of cases interpreting the Supreme Court’s landmark Confrontation Clause decision in Crawford v. Washington, 541 U.S. 36 (2004) is beginning to swell dramatically; and it is hard to keep up with ...