There are three different provisions of the law that relate to sentence reductions based on a defendant’s cooperation with - or “substantial assistance to” - the Government, namely:

∙ U.S.S.G. § 5K1.1 - a Guideline policy statement, entitled “Substantial Assistance to Authorities,” which provides that the district court may depart ...

It’s been a tough couple of weeks for Sheriff Joe Arpaio of Maricopa County, AZ, the man who loves to call himself “America’s Toughest Sheriff” and the man who others call “America’s Most Lawless Sheriff.” (See, "America’s Most Lawless Sheriff," by Ian Millhiser, as posted on The Progress Report on ...

U.S. v. Duka, 671 F.3d 329 (3rd Cir. Dec. 28, 2011) (Judge Marjorie Rendell)
U.S. v. Sherifi, 793 F.Supp.2d 751 (E.D.N.C. June 22, 2011) (Judge Louise Flanagan)

In these two domestic terrorism cases, the defendants, all of whom were convicted of various domestic terrorism crimes, challenged the constitutionality of a ...

Here the Court reversed an enhancement, pursuant to U.S.S.G. § 3C1.1, for recklessly endangering others during a high speed chase on the grounds that the enhancement is not warranted absent some proof of direct or active participation by the defendant.

The defendant in this case, Dwayne Cespedes, was part of ...

Here the Fifth Circuit joined six other Circuits in holding that remote-in-time conduct is relevant to the five-level sentencing enhancement under U.S.S.G. § 2G2.2(b)(5) for a “pattern of activity” involving the sexual abuse or exploitation of a minor.

Pursuant to a plea agreement, Welles Bacon pled guilty to one count ...

Here the Court rejected a series of constitutional challenges alleging that recent FISA amendments enable the Government to conduct surveilance to gather evidence for use in a criminal case while bypassing traditional warrant requirements.

U.S. v. Duka, 671 F.3d 329 (3rd Cir. Dec. 28, 2011) (Judge Marjorie Rendell)
U.S. v. ...