In a rare and noteworthy Sentencing Memorandum that shows exceptional diligence in the pursuit of a fair and justice sentence, Judge Weinstein explained his reasons for imposing a non-Guidelines sentence of probation on a 22-year old man identified as D.M., who pled guilty to one count of possession of child ...

Here the Court denied the Government’s “novel request” for a warrant to search an unknown computer at an unknown location after concluding that the Government’s application did not satisfy any of the limits specified in Rule 41(b) of the Fed.R.Crim.P.

This case is a revealing example of the open disdain ...

With increasing fervor and ferocity, the National Rifle Association (“NRA”) is accelerating its all-out assault on gun control laws of every type and description throughout the United States - perhaps in an effort to crush any new gun control measures with its own “shock and awe” campaign.

The instant appeal ...

In this case, the Ninth Circuit vacated a criminal conviction and remanded for a new trial, after concluding that the district court committed reversible error by failing to give a requested remedial jury instruction to account for the government's negligent destruction of potentially exculpatory evidence. However, the Court also clarified ...

The issued addressed in this decision was whether a defendant, who was previously convicted of a crack cocaine offense and who received a downward departure based on rendering substantial assistance to the Government, is also eligible to apply for a further retroactive sentence reduction based on the provisions of the ...