Here the Court added another permutation to the nearly endless lore and the unfathomable logic about what constitutes a “crime or violence” by holding that the possession of an assault weapon by a felon is not a crime of violence.

In this case, the Ninth Circuit gave a bizarre and ...

Here the Court authorized the defendant to present facts and expert testimony in an attempt to prove that obscene materials found on his computer were comparable with sexual themes involving children in literature.

The defendant in this case was charged with a number of crimes stemming from his use of ...

In U.S. v. Degenhardt, No. 2:03-CR-00297 PGC (D.Ut. Dec. 21, 2005) (P&J, 12/12/05), Judge Cassell expounded at length on the scope of the Crime Victims Rights Act of 2004 (18 U.S.C. § 3771) (CVRA). Citing the statutory language and the history of the CVRA, Judge Cassell concluded that Congress intended ...

On Feb. 8, 1994, plaintiff, a Connecticut state prisoner, delivered to prison officials, for mailing to a state court, his "motion for production of records." The court received plaintiff's request on Feb. 11, 1994, but did not mail documents to him until May 5, 1994. On receiving the documents four ...

ORDER DENYING PETITION FOR PANEL REHEARING

The United States has filed a petition for panel rehearing. The motion is denied. The petition has, however, brought to the court's attention two errors in the published opinion which the court will correct. Accordingly, the attached opinion is to be filed and substituted ...

In an important ruling that signals a new approach to dealing with child sex crimes, the Ninth Circuit addressed an issue of first impression regarding the scope of Congress’ authority under the Foreign Commerce Clause: whether Congress exceeded its authority "to regulate Commerce with foreign Nations" (U.S. Const. art. I, ...

The issue before the Court in this long-running racketeering and assault case was the admissibility of certain forensic ballistics identification evidence that the Government wanted to introduce. The evidence in question was, principally, testimony from a Sergeant Detective James O'Shea (“O’Shea”) of the Boston Police Department. O'Shea examined shell casings ...

In this case, the Second Circuit rejected a bid by federal prosecutors to have Judge Shira Scheindlin of the S.D.N.Y. removed from the case of a San Diego college student who has been accused of lying before the grand jury about his relationships with two of the 9/11 hijackers. Citing ...