Petitioner, a federal prisoner, sought an order compelling the Bureau of Prisons to disregard the new so-called 10 per cent rule that limited the period of time a federal inmate could spend in a Community Confinement Center (CCC) to 10 percent of his total sentence. Because the issue could only ...
The defendant in this case was apprehended several miles off the coast of Puerto Rico while piloting a boat containing two other passengers and some 762 kilograms of cocaine. After he was convicted of various drug crimes, he appealed, arguing principally that the district court had erred in declining to ...
In this case, the police executed a search warrant, entering a suspected gang safehouse with guns drawn, and held all occupants in handcuffs for the duration of the two- to three-hour search. Several occupants later filed a Section 1983 lawsuit seeking damages for various violations of their civil rights, including ...
Based principally on the conflicting testimony of three alleged accomplice witnesses, Angel D’Angelo was convicted at trial of committing murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1), and two related gun charges. After the verdict was rendered, D’Angelo moved for both a judgment of acquittal, pursuant ...
This brief per curiam decision is noted for its discussion of the rule of law established in Arizona v. Youngblood, 488 U.S. 51 (1988) relating to the destruction of evidence by the police. In that case, the Court held that "unless a criminal defendant can show bad faith on the ...
Here the Sixth Circuit reversed a district court ruling which had held a Michigan law requiring the registration of sex offenders was unconstitutional because it had the effect of labeling a non-violent sexual offender as violent. The Court said the Michigan Sexual Offender Registry System, which only provides the names ...
U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole)
U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti)
In Payton v. New York, 445 U.S. 573 (1980), the Supreme Court held that, absent probable cause and exigent circumstances, warrantless arrests in the home are prohibited by ...
Here, just before oral argument, the Government confessed error on the collateral estoppel issue before the en banc court, which obviated the appeal from the decision reported at 327 F.3d 845 (9th Cir. 2003), which appeal was now affirmed.
Here the plaintiff pled guilty to robbery; and he was sentenced to 10 years in prison. As part of his plea agreement, a sexual assault charge was dismissed. After prison officials classified him as a sexual offender and ordered him to register as such upon his release from prison, the ...
U.S. v. Williams, 354 F.3d 497 (6th Cir. 2003) (Judge Cole)
U.S. v. Deemer, 354 F.3d 1130 (9th Cir. 2004) (Judge Brunetti)
In Payton v. New York, 445 U.S. 573 (1980), the Supreme Court held that, absent probable cause and exigent circumstances, warrantless arrests in the home are prohibited by ...
This case began when ATF agent Joseph Groh received a tip that Joseph Ramirez had a stockpile of weapons on his Montana ranch, including machine guns, grenades and rockets. Acting on the tip, Groh filled out an application for a search warrant, listing the alleged contraband in detail. He also ...
Here by a vote of 7 to 2, the Supreme Court overturned a Texas death sentence on the ground that the prosecution deliberately withheld evidence that would have made the jurors less likely to impose the death penalty had they been made aware of it.
In 1980, Delma Banks was ...
This case began when ATF agent Joseph Groh received a tip that Joseph Ramirez had a stockpile of weapons on his Montana ranch, including machine guns, grenades and rockets. Acting on the tip, Groh filled out an application for a search warrant, listing the alleged contraband in detail. He also ...