U.S. v. Lynch, 437 F.3d 902 (9th Cir. Feb. 10, 2006) (En Banc) (Per Curiam)
U.S. v. Williams, 438 F.3d 1272 (11th Cir. Feb. 8, 2006) (Per Curiam)

In these two cases, the Ninth and Eleventh Circuits gave decidedly rote endorsements of the use of acquitted conduct and uncharged crimes ...

Defendant appealed the 30-year sentence that was imposed by the United States District Court for the District of Idaho after he was convicted of conspiracy to distribute or to possess with intent to distribute methamphetamine and of distribution of methamphetamine in violation of 21 U.S.C.S. §§ 841(a)(1), 846.

Defendant argued ...

In a decision that contains an excellent review of the history and purpose of the 100:1 crack vs. power cocaine ration, the Eighth Circuit declined to grant en banc review of that ratio based on the Supreme Court's decision in U.S. v. Booker.

U.S. v. Spears, 469 F.3d 1166 (8th ...

U.S. v. Rodriguez Pena, 470 F.3d 431 (1st Cir. Dec. 11, 2006) (Per Curiam)
U.S. v. Lorenzo, 471 F.3d 1219 (11th Cir. December 08, 2006) (Per Curiam)

Both of these cases address, inter alia, whether a sentencing court may properly consider any post-sentencing rehabilitative efforts of the defendant when resentencing ...

U.S. v. Spears, 469 F.3d 1166 (8th Cir. Dec. 5, 2006) (En banc) (Judge Riley)
U.S. v. Williams, 472 F.3d 835 (11th Cir. Dec. 13, 2006) (En banc) (Per Curiam)

Ever since Congress enacted the Anti-Drug Abuse Act of 1986, Federal law has treated persons convicted of possession or use ...

Here the Court held that the Government's special needs in its war on terrorism justified the searches on individuals and car trunks on commuter ferries on Lake Champlain under the authority of the Maritime Transportation Security Act.

In MacWade v. Kelly, 460 F.3d 260 (2nd Cir. Aug. 14, 2006) (P&J, ...

Here the Court held that post-sentence rehabilitative conduct provides no basis either for a sentencing reduction in its own right, or for a further downward departure where a § 3582(c) reduction is ordered for some other reason.

U.S. v. Rodriguez Pena, 470 F.3d 431 (1st Cir. Dec. 11, 2006) (Per ...

The Court held that, at least for the purposes of determining whether a crime constitutes an “aggravated felony” under the INA, a state offense constitutes such a felony only if it proscribes conduct punishable as a felony under that federal law.

In this 8 to 1 ruling (Justice Thomas was ...

The Court reversed a grant of habeas relief on the narrow grounds that the Supreme Court had never “clearly established” the law on whether spectator conduct (here wearing buttons bearing photos of the victim) had prejudiced the defendant's rights.

When Mathew Musladin was tried in California for the 1994 murder ...

Rule 32(h) of the Fed.R.Crim.P. states: “Before the court may depart from the applicable sentencing range on a ground not identified for departure either in the presentence report or in a party's prehearing submission, the court must give the parties reasonable notice that it is contemplating such a departure. The ...

In the 09/11/06 issue of P&J, we presented a brief analysis of some of the most controversial provisions contained in the little-debated, 83-page, election year law entitled “The Adam Walsh Child Protection and Safety Act of 2006” (CPSA), which became effective on July 27, 2006. In the instant case, Magistrate ...