Here, on the Government's motion for a rehearing, the Court granted in part one of the Government's requests, but only to the extent that the court reconsidered the amount of forfeiture to which the government was entitled.

Plaintiff United States of America asked the court to reconsider its opinion holding …

Here, strongly disagreeing with Judge Pratt's views, contained in U.S. v. Myers, 353 F.Supp.2d 1026 (S.D.Iowa Jan. 26, 2005) about the weight to be accorded to the Guidelines post-Booker, and strongly endorsing the views of Judge Cassell in U.S. v. Wilson, 350 F.Supp.2d 910, (D.Utah Jan. 13, 2005) that the …

This case arose out of a huge scheme in which some 65 foreign nationals of Arab descent paid imposters to take the Test of English as a Foreign Language (“TOEFL”) so defendant/aliens could achieve an acceptable score, thereby permitting them to remain in the United States under student visas. One …

This is a pre-Booker Guidelines case that is noted as a vivid example of the difference between a mandatory Guideline system and an advisory one; and the facts of this case probably accurately describe the nature of many of the cases in the Booker “pipeline.”

The defendant pled guilty to …

The defendant, Jean Martignon, was arrested and indicted for violating the federal anti-bootlegging statute (18 U.S.C. § 2319A), by selling “unauthorized recordings of live performances by certain musical artists through his business, Midnight Records, Inc.” (Id., at 417). Section 2319A prohibits the unauthorized duplication of a commercially unreleased performances. The …

Adopting the logic and legal principles used by Judge Nancy Gertner in her brilliant landmark decision, U.S. v. Green, 343 F.Supp.2d 23 (D.Mass. 2004) (P&J, 10/11/04), Judge Vanessa Gilmore had previously ordered separate juries for the trial and death penalty phases of this capital case. She probably forgot that she …

U.S. v. Labastida-Segura, 396 F.3d 1140 (10th Cir. 02/04/2005) (Judge Kelly)
U.S. v. Rodriguez, 398 F.2d 1291 (11th Cir. 02/04/05) (Judge Carnes)

One of the major Booker disagreements that has developed among the Circuit courts relates to the burden of proof required to obtain a remand for a resentencing based …

This case, involving a conviction for possession of materials depicting the sexual exploitation of minors, is noted for two reasons. First, in rejecting a broad series of challenges to the scope of a search warrant that was obtained, the Court seemed to accept the proposition that digital cameras have a …