U.S. v. Stewart, 468 F.Supp.2d 261 (D.Mass. Jan. 8, 2007) (Judge Young)
U.S. v. Reynard, 473 F.3d 1008 (9th Cir. Jan. 12, 2007) (Judge Pregerson)

The DNA Analysis Backlog Elimination Act of 2000 ("DNA Act"), which is codified at 42 U.S.C. §§ 14135-14135e and 10 U.S.C. § 1565, requires the ...

This decision is noted for Judge Pregerson's dissent in which he found that the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. §§ 14135-14135e and 10 U.S.C. § 1565) was unconstitutional under the Commerce Clause.

U.S. v. Stewart, 468 F.Supp.2d 262 (D.Mass. Jan. 8, 2007) (Judge Young)
U.S. v. ...

Ever since the Supreme Court issued its landmark sentencing decision in Blakely v. Washington, 542 U.S. 296 (2004), one of the burning issues has been whether that decision announced a “new rule of law” within the meaning of the Supreme Court’s decision in Teague v. Lane, 489 U.S. 288 (1989); ...

In this decision, a panel from the Tenth Circuit reversed the convictions of David Wittig and Douglas Lake, former executives of Westar, Inc., the largest public utility in Kansas, in what can only be described as a stinging rebuke to the government's theory that they committed fraud. The panel concluded ...

What does one do when his or her Fourth Amendment rights have been blatantly and arrogantly abused by law enforcement officers who think that they have the absolute right to act above the law? Well, sue, of course; and this noteworthy case gives some hope that it is possible not ...

In a ruling that raises questions about why the Supreme Court granted certiorari in this case in the first place, the Court declined to address merits of the substantive issue before it, and decided instead to reverse the Ninth Circuit’s decision in U.S. v. Resendiz-Ponce, 425 F.3d 729 (9th Cir. ...

This is an interesting decision in which Judge Pregerson held, as a matter of first impression, that the Government cannot conduct a border search of the private and personal information stored on a traveler’s computer without complying with the Fourth Amendment’s standard of reasonable suspicion. In so ruling, he rejected ...

Robert Scott Brennan, a drug addict, was twice found by New York City police to be in the possession of heroin while on supervised release from a Federal conviction. However, rather than sentence him to a term of incarceration for his supervised release violation (as the Federal prosecutor urged), and ...