This case involved a resident of Utah, Brent Croxford, who pled guilty to sexually exploiting a child by taking nude and suggestive photos of a girl – 8 or 9 years old – who was his adopted daughter. The evidence showed that Croxford also had posted some of those photos ...

The United States District Court for the Eastern District of Tennessee, at Greeneville, denied defendants' motion to suppress and convicted defendants for manufacturing marijuana. The appellate court panel affirmed in part, vacated in part, and remanded the case for further proceedings. Rehearing en banc was granted in order to consider ...

Appellant inmate was convicted of attempted first degree murder in state court. His state court appeals and habeas petitions were unsuccessful; he then filed a federal habeas petition, which the United States District Court for the Eastern District of California dismissed as untimely under the Antiterrorism and Effective Death Penalty ...

Here the Court concluded that the Sixth Amendment right to a jury trial, "as expansively interpreted in Blakely, does not extend to restitution awards. Two separate justifications support this conclusion. First, restitution is not a penalty and therefore is simply not covered by the Sixth Amendment. Second, as a matter ...

Plaintiff deputy district attorney sued defendants, the district attorney (individually), the then-head deputy, and his immediate supervisor, and also the county and the district attorney (officially), under 42 U.S.C.S. § 1983. He appealed the summary judgment grant to defendants by the U.S. District Court for the Central District of California. ...

Defendant, who was indicted on one count of possession of child pornography in violation of 18 U.S.C. § 2252A(a)(5)(B), brought a series of pre-trial motions, including a motion to suppress and a motion for discovery.

A computer technician was repairing defendant's computer when she discovered what she believed to be ...

Defendant, who pled guilty to the indictment charging him with violation of 18 U.S.C. § 922(g)(1), possession of firearms and ammunition by a felon, was before the court for sentencing. The crime was punishable by a maximum term of incarceration of 10 years, a fine up to $ 250,000 or ...

Here Judge Mukasey found that the statutory interpretation underlying the BOP's current policy regarding limiting CCC placement to the last 10% of one's sentence to be erroneous. The court found that the BOP is entitled to deference ("some deference") in its interpretation and, while making it clear to note that ...

Here, distinguishing two Circuit Court decisions which have ruled otherwise, Judge McAvoy held that a sex offender could be barred from using the Internet, even in the performance of his job.

Defendant challenged a condition of his supervised release which prohibited him from using the Internet, except for employment purposes, ...

The United States District Court for the Western District of Louisiana convicted defendant, pursuant to his guilty plea, of willfully operating an unregistered aircraft in violation of 49 U.S.C.S. § 46306(b)(5)(A). Defendant appealed the forfeiture of his airplane.

In determining whether the forfeiture was grossly disproportional to the gravity of ...

After a district court had ordered the forfeiture of $ 242,484 in cash that had been seized from the claimant because the district court found it was linked to illegal drug activities, a panel of the United States Court of Appeals for the Eleventh Circuit reversed and directed the district ...

Appellant corporation sought review of a decision of the United States District Court for the District of New Jersey, which denied the corporation's motion to dismiss the claims asserted against it by appellees, a corporation and two wholly owned subsidiaries. Appellant claimed that it was entitled to dismissal based upon ...

Plaintiffs, a class of sexual offenders, sued defendants, the Iowa Attorney General and all of Iowa's County Attorneys, asking the court to declare Iowa Code § 692A.2A (the Act) unconstitutional on a number of theories, including violation of the Fourteenth, Fifth and Eighth Amendments, and to permanently enjoin the State ...

Appellant inmate sought judicial review of the decision by the United States District Court for the Eastern District of California dismissing his 28 U.S.C. § 2254 petition for habeas corpus relief. The petition contained a Confrontation Clause claim and a coerced confession claim. The latter claim was added in an ...

In a prior decision reported at 315 F.3d 566 (6th Cir. Jan. 9, 2003), the Sixth Circuit appellate court affirmed the decision of the United States District Court for the Eastern District of Tennessee at Chattanooga that denied petitioner prisoner's request for habeas relief. A judge of the appellate court ...

After conducting a bench trial, the United States District Court for the District of Alaska convicted defendant of maintaining a place for the manufacture of controlled substances, attempting to manufacture methamphetamine, being a felon in possession of a firearm, and criminal forfeiture. Defendant appealed, contending that evidence seized during a ...

The United States District Court for the Eastern District of Tennessee convicted defendant of two firearms offenses. The district court sentenced defendant to five years probation, including six months of home detention, after granting a nine-level downward departure under the U.S. Sentencing Guidelines Manual. The United States appealed the decision ...

Defendant appealed the judgment of the United States District Court for the Southern District of Florida sentencing him to two consecutive sentences totaling 168 months in prison after he pleaded guilty to conspiring to commit mail fraud and money laundering and violating 18 U.S.C.S. § 1957.

Defendant pleaded guilty to ...

In this thoughtful 13-page decision, Judge Adelman explained why he decided to sentence the defendant to a year and a day in prison, rather than to the term of 37-to-46 months that would have been applicable under the Guidelines a week earlier. Judge Adelman explained that, following the Supreme Court's ...

After defendant's sentences were affirmed, he filed a petition for rehearing, seeking to raise a new sentencing issue based on newly decided case law. However, defendant's initial brief did not claim that he had a Sixth Amendment right to a jury trial on his federal sentencing enhancements. In denying the ...

Defendant pled guilty to distribution, possession, and receipt of child pornography. The United States District Court for the Southern District of Iowa sentenced defendant to 70 months and awarded a 20-month downward departure. The government appealed, arguing that defendant's compulsive-obsessive disorder did not legally or factually support the downward departure. ...

Defendant accounting firm appealed its conviction from the United States District Court for the Southern District of Texas after being found guilty under 18 U.S.C. § 1512(b)(2) of obstructing an official investigation by the Securities and Exchange Commission into the relationship between the firm and a client. The firm argued ...

In 2003, six residents of Washington, D.C - Shelly Parker, Tom Palmer, Gillian St. Lawrence, Tracey Ambeau, George Lyon and Dick Heller - filed a federal court challenging a number of the Ditsrict of Columbia's gun control laws on the grounds that they violated their rights under the Second Amendment. ...

In this case, the Supreme Court considered the cases of Sergio Suarez Martinez and Daniel Benitez. Martinez and Benitez came to the United States from Cuba in 1980 as part of the Mariel Boatlift and they subsequently committed crimes for which they were incarcerated. Both were detained after the expiration ...