Relying on the Court's 1942 decision in Wickard v. Filburn, the Court held, by a vote of 6-to-3, that Congress had the authority to make it a crime to grow and use marijuana purely for personal medical purposes when recommended by a doctor.

The core issue before the Supreme Court ...

Here the Eighth Circuit rejected the defendant’s claim that the district court had erroneously imposed a five-level sentence enhancement, pursuant to U.S.S.G. § 2G2.2(b), for “distribution” of child pornography to a minor. The defendant argued that there was no “distribution” since he merely kept the disks containing the pornography in ...

Here the Court rejected a broad series of constitutional challenges to Florida’s Sex Offender Registration/Notification statutes and its DNA Collection statutes, stating that any liberty interest rights they affected were not deeply rooted in history.

In this class action lawsuit, the Eleventh Circuit rejected a broad series of constitutional challenges ...

U.S. v. Dalton, 2005 U.S. App. LEXIS 9989 (10th Cir. June 2, 2005) (Judge Anderson)
U.S. v. Lauder, 2005 U.S. App. LEXIS 10608 (10th Cir. June 8, 2005) (Judge Tymkovich)

Both of these drug cases involved sentences imposed pre-Booker which were enhanced based upon judicial findings of drug quantities that ...

Consistent with the holdings of a number of other courts, Judge Cassell rejected the argument that an “unlawful user” of a controlled substance, for purposes of 18 U.S.C. § 922(g)(3), necessarily means that the person is “addicted to” drugs. Rather, he held that the phrase means an individual “who regularly ...

Defendant filed a motion to suppress a shotgun. The motion was denied. Defendant entered a conditional guilty plea for possession of an unregistered firearm in violation of 26 U.S.C.S. § 5861(d), in the United States District Court for the Eastern District of Washington, reserving his right to appeal the denial ...

U.S. v. Dalton, 2005 U.S. App. LEXIS 9989 (10th Cir. June 2, 2005) (Judge Anderson)
U.S. v. Lauder, 2005 U.S. App. LEXIS 10608 (10th Cir. June 8, 2005) (Judge Tymkovich)

Both of these drug cases involved sentences imposed pre-Booker which were enhanced based upon judicial findings of drug quantities that ...