Here the Court held that in cases where there was probable cause to search a vehicle "a search is not unreasonable if based on facts that would justify the issuance of a warrant, even though a warrant had not been actually obtained".
In this case, acting on information from an ...
As part of its criminal case, the government filed a civil contempt claim against defendant's attorneys after it successfully prosecuted defendant on Racketeer Influenced and Corrupt Organizations Act (RICO) conspiracy charges. The government moved to compel the attorneys to disgorge the attorneys' fees that they had received following defendant's conviction. ...
The defendant is Katrina Leung -- a Chinese born woman who had been working for the FBI while living in the U.S. Leung had worked with and had an affair with her handler FBI agent James Smith for almost 20
years.
Smith had also been charged and initially entered into ...
Defendant filed motions to hold her sentence by video conference in connection with her guilty plea to violations of 18 U.S.C. § 922(g)(1) (unlawful possession of a firearm), 21 U.S.C. § 841(a)(1) (knowing and intentional distribution of a controlled substance), and 18 U.S.C. § 924(c)(1)(A)(i) (drug trafficking).
Defendant suffered from ...
Here a divided panel from the Sixth Circuit affirmed the defendant's sentence for a child molestation conviction over his challenge that the trial court had violated his right to due process when it considered its own religious belief during sentencing. The district court had granted habeas relief based on the ...
The day after the Supreme Court's decision in U.S. v. Booker, 125 S.Ct. 738 (Jan. 12, 2005), Judge Cassell posted this 39-page analysis and interpretation of Booker. Clearly, in his view, the Guidelines may no longer be mandatory in a technical sense - but they will remain binding on Federal ...
In 1996, when she was 18 years old, the defendant drove two co-defendants to and from a house, where they burned a cross while wearing white sheets, in an attempt to intimidate a white woman who was living there from associating with a Black man. The defendant, who had no ...
Defendant was indicted on charges of conspiracy to violate former 15 U.S.C. § 78dd-2 (amended 1998) of the Foreign Corrupt Practices Act (FCPA) and of conspiracy to launder money in violation of 18 U.S.C. § 1956. Defendant moved to dismiss the indictment.
Defendant, a Swiss national, was charged with violating ...
Defendant was charged with drug conspiracy and money laundering and subsequently created a website identifying federal agents and informants for the putative purpose of obtaining information. One agent moved to intervene in the criminal case and to require defendant to remove the agent's photograph from the website.
The agent contended ...