Where 28 U.S.C.S. § 2254 petition challenging alien's state court conviction was filed after alien served his state court sentence and while alien was in immigration custody as consequence of state court conviction, district court lacked jurisdiction to consider habeas petition because immigration detention was not custody for purposes of ...

Here the Court denied a defense motion to dismiss a Bivens action against a number of individual Public Health Service defendants, holding that the law did not preclude such actions for gross and wanton deliberate indifference to medical needs.

The prison-industrial complex in America must rue the day when Judge ...

Joseph Nacchio, the former CEO of Qwest Communications International, Inc., was charged with 42 counts of insider trading in an indictment that accused him of selling Qwest stock between January and May of 2001 while allegedly knowing that his company's finances were in trouble. After a month long trial, Nacchio ...

Here the Third Circuit held that an alien who "may pose" a danger to national security is not necessarily the same as an alien who "is" a danger to national security. In its ruling, the Court concluded that the Attorney General of the United States has been improperly applying, in ...

Rule 7(d) of the Fed.R.Crim.P. 7(d) states that a defendant may move to strike “surplusage” from an indictment. The Rule is silent, however, as to what constitutes “surplusage,” although the accompanying advisory committee note explains that the Rule “introduces a means of protecting the defendant against immaterial or irrelevant allegations ...

Allen Snyder, an African-American, was convicted in 1996 of first-degree murder in a Louisiana state court and he was sentenced to death. In the jury selection process, there were nine blacks in a pool of 85 eligible potential jurors. The state removed four of the blacks for stated causes, and ...

This decision is noted for Judge Gleeson’s candid and sharp criticism of the Guidelines’ Drug Equivalency Tables (herein the “DE Tables”), which are required to be used in cases involving more than one kind of drug. The DE Tables, which are contained in U.S.S.G. § 2D1.1 cmt. n.10(E), require that ...

The Eighth Circuit, sitting en banc, reversed a panel's holding that was reported at U.S. v. Hudspeth, 459 F.3d 922 (8th Cir. Mo. Aug. 25, 2006) ("Hudspeth I"). This appeal addresses whether a wife’s consent allowed police to search her husband’s computer after the defendant, then in custody, had refused ...