The petitioner in this case, Saki Bacha (a.k.a. Mohammed Jawad) is one of the many detainees at Guantanamo Bay who have petitioned for habeas corpus relief based in their indefinite detention without charge. A number of those cases have been consolidated before Judge Ellen Huvelle sub nom. Al Halmandy v. ...

It is now more than nine years since the Supreme Court’s landmark sentencing decision in Apprendi v. New Jersey, 530 U.S. 466 (2000) - a decision that dramatically altered forever sentencing practices in America. Apprendi started a sentencing revolution that continues to this day; and some of its progeny, particularly ...

In April 2006, Bobby Weatherton plead guilty to defrauding the Government by making a false claim to the Federal Emergency Management Agency (FEMA) following Hurricane Katrina. He was sentenced to three years probation for that crime; and the court imposed several conditions of probation including, inter alia, that he not ...

Here the Court vacated a sentence imposed following a revocation of supervised release hearing, after concluding that the district court’s reliance on uncorroborated report of an alleged domestic battery violation violated the defendant’s due process.

While on supervised release for a crime committed in the Virgin Islands, Ashbert Lloyd pled ...

This appeal by three defendants who were convicted of conspiracy to distribute more than 50 grams of crack cocaine and sentenced before the Supreme Court’s landmark crack cocaine ruling in Kimbrough v. U.S., 552 U.S. 85 (2007), is noted for two interesting, if not significant, sentencing rulings.

First, contrary to ...

In this decision, Magistrate Judge Noce became the eighth Federal judge to hold that the mandatory conditions of release contained in 18 U.S.C. § 3142(c)(1)(B), a portion of the Adam Walsh Child Protection Safety Act of 2006 (the “Adam Walsh Act”) violate the Due Process Clause and are unconstitutional.

The ...