In this case, the Court addressed a controversial and much litigated provision of the Adam Walsh Child Protection Safety Act of 2006 (the “Adam Walsh Act”), namely 18 U.S.C. § 3509(m), which limits a defendant’s access to evidence in child pornography cases.

As a matter of interest, § 3509(m) was …

This is an interesting ruling that addresses a recurring issue: Is a defendant required to provide the Probation Office with information that the officer deems necessary to complete the defendant’s presentence report?

In responding to that question, Judge Pratt held that “while Federal Rule of Criminal Procedure 32(d) requires that …

This is a fascinating decision in which Judge Zilly granted the petitioner’s motion for a Writ of Audita Querella in order to remedy a “grave injustice,” thus allowing him to be resentenced and to raise a Booker issue retroactively at his resentencing.

This ruling by Judge Zilly involves some novel …

Here the Court held that a sentencing court may enhance a sentence based on conduct underlying uncharged crimes pursuant to U.S.S.G. § 5K2.21 so long as there is “some degree of connection between the uncharged and charged offenses.

One of the most controversial aspects of the Guidelines has always been …

Here the Court held that the government’s alleged refusal to file a once-promised § 5K1.1 motion for reduction of sentence because the defendant elected to go to trial instead of pleading guilty could constitute an "unconstitutional motive.

In this case of first impression in the First Circuit, the Court held …

Here, splitting evenly, the Court declined to reconsider en banc an earlier ruling that ordered the Government to provide a wide array of information to eight Guantanamo Bay detainees who were challenging their designation as enemy combatants.

In an earlier decision in this case, in response to a lawsuit brought …