In the aftermath of the Supreme Court’s landmark Second Amendment decision in District of Columbia v. Heller, 554 U.S. 570, 595 (2008), advocates of less gun regulation have deluged the courts with lawsuits challenging any and all laws and regulations that control or limit the right to bear arms - ...

Although this unpublished decision may have little precedential value, it is has persuasive argumentative value for any defendant seeking to challenge the Guidelines high sentences for methamphetamine offenses.

The defendant in this case, Victor Palillero, was arrested after making two sales of methamphetamine to a confidential informant in sting transactions ...

District Judge Gary Sharpe of the N.D.N.Y. is no novice. He was appointed to the Federal bench in 2004; and has served as the Chief Judge of his district since 2011. But he sure made a mess of the two guilty plea hearings of the defendant/appellant Yang Tien that he ...

This case represents another example of Federal prosecutors seeking to push a criminal statute beyond the limits of its language to reach conduct that Congress never contemplated. The statute at issue was the much used Hobbs Act, 18 U.S.C. § 1951, which is entitled: “Interference with commerce by threats or ...

This decision pushes the use of the two-level enhancement set forth in U.S.S.G. § 4A1.1(d) for committing an offense “while under” any “criminal justice sentence” beyond all sensibility. Here, after the defendant, Gustavo Reyes-Ceja, had previously been deported, he re-entered the United States and was arrested when he was caught ...

The explosive, near exponential growth of the digital world continues to embroil the courts in cases and controversies that were never contemplated when the Fourth Amendment came into effect as a Constitutional Amendment in 1791. Of greater significance, in the last 20 years, the amounts and types of private data ...