On remand from the Supreme Court at 125 S.Ct. 1697; see prior decision reported at Belmontes v. Woodford, 350 F.3d 861 (9th Cir. 2003).

The court had previously held that there was a reasonable probability that as a result of instructional error a jury had not considered a 28 U.S.C. ...

Defendant was convicted by a jury in the United States District Court for the District of Massachusetts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He appealed from part of his sentence to a term of supervised release, asserting that the district ...

In this case, Judge Dowd examined whether "the [sentence-enhancing] 'fact' (quantity of cocaine attributable to the defendant) must be submitted to the jury and proved beyond a reasonable doubt in a situation where the 'fact' results in a mandatory minimum sentence which exceeds the range calculated by the court in ...

In a major victory for the Bush Administration, the Fourth Circuit has upheld the authority of the President to detain without charges a suspected terrorist, even when that suspect is an American citizen who has been arrested on U.S. soil.

This case has a long and complex legal history. On ...

Never once to mince words, Judge Young started this 134-page opus by noting some of the pernicious (but little known) consequences of The REAL ID Act of 2005 as follows:

“Arrested by ICE agents on September 13, 2004, his procedural and substantive due process rights violated, Frank Enwonwu has today ...

Here Judge Hall lifted a gag order that shielded the identity of librarians who received a National Security Letter from the FBI under a provision of the Patriot Act (18 USC § 2709) demanding information about library patrons.

This is a case that is beginning to expose some of the ...