This case is noted for Judge Bye’s dissent in which he blasted the majority for routinely approving a “thoughtless" special condition of supervised release that prohibited the defendant, from possessing “legal or illegal" child nudity.

After a jury convicted the defendant, A.J. Kelly, of being a felon in possession of ...

Here a divided en banc court shrply disagreed over the proper standard of appellate review for forfeited insufficiency-of-the-evidence claims, with the majority holding such claims must be rejected "unless the record is devoid of evidence".

This sharply divided en banc decision addresses an issue that is so narrow that it ...

For many obvious reasons, getting a conviction or a sentence vacated on the grounds that the trial judge acted vindictively is about as rare as finding the pot pf gold at the end of a rainbow. Thus, when such a ruling is issued, as happened in this case, it is ...

In this case, the district court (Judge G. Murray Snow of the D.Ariz.) ordered the defendant, who was convicted of armed bank robbery, to pay restitution for his crime, due and payable “immediately.” Over a lengthy and feisty dissent by Judge J. Clifford Wallace, the majority held that the district ...

Here the Court affirmed the district court’s refusal to give a “Guilt by Association” instruction to the jury in a tax protestor case, reasoning that a reference to a smilar conviction was too "brief and uneveloped" to be prejudicial.

The defendants in this case, Frederick and Kimberlee Allen - husband ...

Here the Court held that John Yoo, who authored several legal memoranda authorizing coercive interrogation techniques, was entitled to qualified immunity for his actions in a civil rights lawsuit brought by Jose Padilla, an American citizen.

In Padilla v. Yoo, 633 F.Supp.2d 1005 (N.D.Cal. June 12, 2009) (“Yoo I”) (P&J, ...

Here the Court joined with the Fifth and Eighth Circuits in rejecting a constitutional challenge to the validity of the Federal alien-in-possession statute, 18 U.S.C. § 822(g)(5)(A), principally on the grounds that the courts must defer to Congress.

This decision helps to highlight some of the Pandora’s Box of unresolved ...