Conviction for drug and drug-related crimes is affirmed in part, reversed in part, and vacated and remanded where: 1) the evidence was insufficient to support defendant's conviction for forcibly impeding or intimidating a federal officer under 18 U.S.C. § 111(a)(1) as the agents were not being threatened with immediate harm; ...

The issue before the Supreme Court in this case was “whether an association-in-fact enterprise under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq., must have ‘an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages’."

RICO § 1962(c) ...

Conviction and sentence for conspiracy to commit Hobbs Act robbery is affirmed where: 1) the district court did not err in calculating defendant's Sentencing Guidelines range as it properly considered the robberies as objects of the conspiracy even though the robberies were not identified as objects of the conspiracy in ...

Conviction for tax offenses and health care fraud is affirmed where: 1) the government presented sufficient evidence to support defendant's conviction for income tax evasion and health care fraud; 2) defendant's conviction for willful failure to file timely income tax returns and willful failure to pay tax did not violate ...

Here a uninamous Court held that to convict for an "aggravated felony” that involves fraud or deceit in which the loss to the victims exceeds $10,000, the jury does not have to determine the loss amount of the underlying fraud since it is not an element.

This decision represents another ...

We believe that this is the first published decision by a Circuit Court of Appeals in which a within-Guidelines sentence has been held to be substantively unreasonable; and, while the panel’s ruling is highly fact-specific, the principles underlying this decision appear to have general application to many illegal reentry cases ...

Conviction and sentence for drug crimes is affirmed and remanded where: 1) no constructive amendment resulted when the district court broke the single offense into two parts to be addressed by the jury as neither the trial evidence nor the jury charge altered the superseding indictment; 2) there is no ...

Here the Court held, by a 5-4 vote, that an individual whose criminal conviction has become final does not have a constitutional right to gain access to evidence so that it can be subjected to DNA testing to try to prove his innocence.

In a stark and depressing reminder of ...

Here the Court refused to dismiss a civil rights lawsuit by Jose Padilla against John Yoo as the person primarily responsible for the regimen of torture and abuse to which Padilla was subjected during his 3-1/2 years in military custody.

In the words of Judge White, “this lawsuit poses the ...

Starting in late 2005, news sources from around the country began to report that the National Security Agency, with assistance from major telecommunications carriers including AT&T, had engaged in a massive program of illegal dragnet surveillance of domestic communications and communications records of millions of ordinary Americans since the 9/11 ...

In January, 2002, the petitioner in this case, Abdulrahim Al Ginco (who prefers the surname Janko) (herein “Janko”), a Syrian citizen, was taken into custody by U.S. forces in Afghanistan. After he was held and questioned at the Kandahar Air Base for approximately 100 days, he was transferred to Guantanamo ...