Petitioner inmate petitioned the court pursuant to 28 U.S.C.S. §§ 1361, 2201 and 2241, for an order compelling respondent warden to release him to community confinement in a halfway house when petitioner had six months remaining on his sentence after deduction of good time credits. The petitioner challenged the new ...
Reasoning that the public and the press have a qualified First Amendment right of access to plea and sentencing proceedings, the Court held that such proceedings cannot be closed to the public unless the district court provides notice to the public and makes findings on the record demonstrating the need ...
Citing concerns about allowing serious crimes to go unpunished, the Second Circuit held that errors made under the Speedy Trial Act (18 U.S.C. §§ 3161-3174) should be evaluated under a “harmless error analysis” to determine whether the error(s) at issue caused harm to the defendant or the public interest.
In ...
In a death penalty case, the government moved to disqualify an attorney (Valerie S. Amsterdam of New York) appointed as lead defense counsel over defendant's explicit objection, following the attorney's indictment in an adjacent district on criminal charges relating to her representation of other indigent defendants in unrelated cases and ...
Plaintiff inmate filed suit against defendants, the Governor and Attorney General of Kansas and the Secretary of the Kansas Department of Corrections, alleging that the state regulation imposing a monthly supervision fee on parolees was an unlawful bill of attainder and violated his rights under the Ex Post Facto Clause ...
The defendant was convicted of transporting fraudulently obtained goods across state lines, in violation of 18 U.S.C. § 2314. At trial, the Government proved losses of $240,068, but at sentencing it argued that the total actual loss combined with relevant conduct was $654,045. Based on those assertions, Judge Conlon of ...
Defendant was convicted after a jury trial of two counts of possession with intent to distribute, and distribution of, cocaine base. The court sentenced defendant to 262 months in custody and six years of supervised release. The court issued a memorandum detailing its justification for this sentence.
The court noted ...
Granting rehearing en banc of decision reported at 366 F.3d 102, 2004 U.S. App. LEXIS 8077 (2d Cir. N.Y., 2004); but see Muntaqim v. Coombe, 385 F.3d 793 (2nd Cir. Oct. 1., 2004) where Court originally denied a rehearing en banc.
Defendant appealed the judgment of the United States District Court for the District of Oregon denying his motion to withdraw his guilty plea to two counts of drug trafficking.
Defendant pleaded guilty to two counts of drug trafficking in exchange for the dismissal of other pending charges. After he was ...
