Judge Kozinski started his discussion of these three consolidated immigration cases with the observation: “These consolidated cases show again why the ten most terrifying words in the English language may be, ‘I’m from the government and I’m here to help you’.”

The three defendants, all illegal aliens, pled guilty to ...

Sentence imposed on a defendant for violating the terms of his supervised release is vacated and remanded where the district court: 1) omitted defendant's opportunity for a pre-sentence allocution; and 2) did not otherwise conform with special circumstances which might have avoided the need for a resentence.

[Editor's Note: For ...

In a prosecution for various offenses related to a narcotics trafficking conspiracy and use of firearms in connection therewith, defendants' conviction is affirmed over challenges regarding: 1) the seating of the jury and a reverse-Batson challenge; 2) the sufficiency of evidence; 3) the introduction of a tape recording of an ...

Judgment denying habeas relief is affirmed where, despite the concern that stipulated "ends-of-justice" continuances may not be consistent with Zedner v. US 547 U.S. 489 (2006), defendant's attorney was not constitutionally ineffective in failing to anticipate Zedner and the potential for an extension of its holding to stipulated continuances under ...

In a criminal prosecution for securities fraud offenses, defendants' convictions are affirmed over claims that: 1) there was insufficient evidence to support a determination that the interests at issue were "securities" for a conviction of securities related-offenses; and 2) the district court erroneously included a "no ultimate harm" charge in ...

Conviction for possession of firearm by a felon is affirmed where: 1) the district court did not err in admitting police testimony as to drug-related statements made by defendant; 2) the use of a "blind strike" method in jury selection was both constitutional and consistent with Federal Rule of Criminal ...

This is an interesting sentencing decision in which the defendant successfully challenged the Government’s calculation of the amount of tax losses properly attributable to him based on relevant conduct on the grounds that the district court had deprived him of his due process right to a fair sentencing hearing. In ...

As recounted by Judge Gertner at the beginning of her Sentencing Memorandum in this drug case:

“Oscar Cabrera was, at most, a delivery man caught in a government sting. He hardly fits the profile of a major drug dealer. He was told -- apparently at the last minute -- to ...

The Court held that it was plain error to enter separate convictions for receipt of child pornography under 18 U.S.C. § 2252A(a)(2) and possession of child pornography under 18 U.S.C. § 2252A(a)(5)(B) since they were lesser included offenses of each other.

Pursuant to a jury trial, Donald R. Miller was ...

n a sentence appeal primarily addressing loss calculations under sentencing guideline provisions which govern the "intended loss" of defendant's offenses involving fraudulent loan applications, the circuit court rules that: 1) a defendant should have an opportunity to persuade the sentencing judge that the loss intended was less than the face ...

In U.S. v. Pimentel, 932 F.2d 1029 (2nd Cir. May 2, 1991), the Second Circuit sharply criticized a plea-bargaining tactic used by many prosecutors that had the effect of sand-bagging, if not outright deceiving, many defendants about the likely sentence that would be imposed as a result of their pleas. ...

Cyril Wecht, a locally prominent forensic pathologist and the former coroner, was indicted in 2006 on 84 counts of criminal activity, that charged him with using his public office for personal financial gain. From the outset, the case was high-profile and created a media frenzy in Allegheny County, PA.

When ...

A sentence imposing concurrent terms of 282 months for a Hobbs Act robbery and a career criminal firearms possession violation, plus a consecutive mandatory minimum term of 10-years for discharging a firearm, is remanded for resentencing where the consecutive minimum 10-year sentence for discharge of firearm is inapplicable to a ...

The defendant in this case, Ramel Handy, pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). The gun in question was stolen, although Handy contended that he was unaware it was stolen; and, at his sentencing hearing, the Government conceded that ...

Here the Court held that the district court “correctly concluded that the cost to society of imprisoning a defendant is not a factor to be considered in determining the appropriate length of a defendant's term of imprisonment under 18 U.S.C. §§ 3553(a) and 3582(a).” The defendant, an illegal alien found ...

On Jan. 16, 2007, Judge Young originally imposed a sentence of 27-months upon the defendant in this case, who was convicted of filing a false tax return. Six days after that sentencing, the Supreme Court issued its decision in Cunningham v. California, 549 U.S. 270, 127 S. Ct. 856, 166 ...