For a summary of the holding in this case, see "Absence of Notes Found Not to Affect 'Brady' Duty," by Tom Perrotta, as published in the New York Law Journal on July 26, 2007, as follows:

"Federal prosecutors do not have to take notes when interviewing witnesses, but a failure ...

Defendants Jose Cedeno and Juan Minier were indicted in connection with an alleged cocaine distribution conspiracy; and, at their initial detention hearing, attorney John Karoly appeared before the Magistrate Judge, stating that he had been retained by both defendants. The Government opposed his representation of both defendants, and sent Karoly ...

Even if it was virtually totally ignored by most of the press in the United States, this is an important ruling that could have a huge impact on restraining some of the lawless conduct of many of the private government contractors in Iraq. Judge Robertson denied a motion by CACI ...

In its seminal case of Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that a police officer may stop an individual and question him based on less than probable cause, provided the officer can point to "specific and articulable facts which, taken together with rational inferences from ...

In this case, the Seventh Circuit actually approved a 70 month prison sentence for a defendant in a pornography case, despite acknowledging that the sentence was “considerably less” than the defendant’s advisory Guidelines range of 121-151 months. Below Guidelines sentences are extremely rare - and they are virtually non-existent in ...

For a summary of this decision, see "Circuit Upholds Fine for 'Human Shield'," by Mark Hamblett, as published in the Wall Street Journal, August 16, 2007, as follows:

"A freelance journalist who volunteered to act as a human shield to deter the United States from bombing Iraq in 2003 will ...

For a commentary on this decision, see "Denial of Fees in Forfeiture Suit Involving Couriers Upheld," by Mark Hamblett, as published in the New York Law Journal on August 13, 2007, as follows:

"Attorneys who represented claimants trying to recover money seized by customs agents in violation of the USA ...

Fom a commentary on this decision, see "2nd Circuit Rules on Latest Post-'Booker' Issue," by Mark Hamblett, New York Law Journal, August 27, 2007, as follows:

"District courts are not required to give notice before imposing a sentence outside the guidelines range for violations of conditions of supervised release, the ...

In the 09/24/07 issue of P&J, we noted, in our discussion of U.S. v. Ogburn, 499 F.Supp.2d 29 (D.D.C. 2007), a growing tendency of the Federal courts to impose ridiculous restitution orders which they know will never be collected, but which are mandated by a provision of the Mandatory Victims ...

Defendant appealed from a judgment of the District Court for the Northern District of Iowa convicting her of aiding and abetting the murder of five individuals while working in furtherance of a continuing criminal enterprise and while engaging in a drug conspiracy. The jury voted to impose the death penalty ...

In this case, the Government attempted - and failed - to expand the reach of the Hobbs Act (18 U.S.C. § 1951) to cover what the Court concluded was a purely state crime that Congress never intended to cover within the purview of a Federal prosecution.

Two brothers, Michael and ...

In this case, the district court sua sponte imposed an above-Guidelines sentence, departing 12 months above the highest end of the Guidelines range that it found applicable. As Cole correctly notes, a district court must provide reasonable prehearing notice of its intent to consider a sentence above the Guidelines range. ...

This is an important decision on the forced use of antipsychotic drugs on prisoners in order to render them competent to stand trial; and it establishes come concrete guidelines for district courts to follow when addressing Government requests for the administration of such drugs. The case is also noted for ...