Here the Court held, as a matter of first impression, that it had the authority, under the FDCPA, to suspend or otherwise modify an order of garnishment of the defendant’s wages that was issued to satisfy an outstanding restitution order.

Ever since the enactment of the Mandatory Victims Restitution Act ...

Whitney Brown is serving a 360-month sentence in a Federal prison. He brought a civil action against the Federal Bureau of Prisons (BOP), under the Privacy Act, 5 U.S.C. § 552a et seq., seeking a change in his presentence report (PSR).

Specifically, Brown contended that his PSR incorrectly included two ...

Here the Court held that a sentencing judge is not required to resolve disputes regarding facts recited in a PSR, “when those facts do not affect the term of imprisonment imposed, but may affect how the sentence is served, includiung early release.

Following a sting operation, the defendant in this ...

In this case, Judge Vitaliano granted defendant Abdullah Alhababi’s motion to dismiss an indictment which charged him with collection of extension of credit by extortionate means, in violation of 18 U.S.C. § 894(a). The only specific act relating to Alhababi’s conduct charged in the indictment was that he made a ...

Here the Second Circuit first withdrew and then republished a redacted opinion which omitted all reference to some embarrasing torture claims which were attributable to the FBI that appeared in the first opinion.

Abdallah Higazy, an Egyptian national, happened to be in the wrong place at the wrong time. On ...

Here the Court declined to grant an en banc review of a divided panel’s ruling that affirmed the convictions of former Illinois Governor George Ryan and his associate Lawrence Warner, despite claims that a cascade of errors made the trial a travesty.

In U.S. v. Warner, 498 F.3d 666 (7th ...

After exhausting his inmate grievance procedures, Julian Samuels, a Federal prisoner, filed a lawsuit, under the Federal Tort Claims Act (FTCA) (18 U.S.C. §§ 1346(b) and 2671-2680)), against the Federal Bureau of Prisons (BOP), alleging that certain of his personal property was lost during his transfer from the Federal Corrections ...

Here the Court held that California's statutory rape law, which makes it a crime to engage in intercourse with a minor who is under 16 years of age when the perpetrator is 21 years of age or older, is not categorically a crime involving moral turpitude.

Here a divided panel ...

For a summary of this decision, see "Circuit Reinstates Verdict Against State Police," by Joel Stashenko, as published in the New York Law Journal, July 31, 2007, as follows:

"A federal appellate court has reinstated an $85,500 award against the New York State Police for falsely arresting and strong-arming a ...

The defendant in this case, Easton Wilson, who was convicted of various drug offenses, moved, pursuant to Rule 41(g) of the Fed.R.Crim.P., for the return of some property that was seized pursuant to the execution of a search warrant on his residence. Specifically, he sought the return of $16,900 in ...