This case raises the important question of whether courts may require the Government to obtain a warrant based upon probable cause before granting access to huge amounts of cell phone data - including the date, time and location of a phone call - without the customers’ consent.

In the instant ...

This is an interesting restitution decision which discusses some creative and challenging issues and arguments about the correlation between the calculation of losses for Guidelines purposes and the calculation of losses for restitution purposes.

The case is also a good example of (a) the Government’s use of a simple bait-and-switch ...

This sentencing decision is the first lower court decision we have see addressing the potential long-term significance of the Supreme Court’s recent decision in Alleyne v. United States, 570 U.S. ___, 133 S. Ct. 2151 (2013). In Alleyne, the Supreme Court finally reversed its controversial and much debated decision in ...

This decision is noted principally for its discussion of the scope and reach of the Supreme Court’s recent decision in Peugh v. United States, 569 U.S. ___, 133 S.Ct. 2707 (2013) (P&J, 07/01/13). In Peugh, the Supreme Court specifically rejected the position then held only by the Seventh Circuit to ...

This case is noted for its comprehensive review and analysis of a frequently litigated question: can the Government bypass the anti-alienation and assignment provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”) in order to collect delinquent restitution payments, by seeking the criminal forfeiture of ERISA assets pursuant ...

For the second time in past two years, the Supreme Court has intervened in the California’s decades’ long prison overcrowding crisis. Two years ago in its landmark decision in Brown v. Plata, 563 U.S. ___. 131 S.Ct. 1910 (21011) (“Plata I”) (P&J, 05/30/11), a 5-4 majority affirmed a district court's ...