We originally noted this decision in the 10/07/13 issue of P&J for a different issue - namely, the Court’s detailed discussion of the validity of the so-called “permitted inference” jury instruction, which the Court noted seemingly allows the jury to infer criminal knowledge of drugs found in a truck based ...

This is an important decision regarding sentencing entrapment, which, as the Court explained, occurs where “a defendant, although predisposed to commit a minor or lesser offense, is entrapped in committing a greater offense subject to greater punishment." The Court also noted that it is well established that “[I]t is impermissible ...

When law enforcement officers commit a crime, they usually receive a “law enforcement discount” that gives them credit for having been part of the system. In this case, the Fifth Circuit addressed the converse situation - namely whether it is proper to impose a penalty on the defendant because he ...

The opening paragraphs of this decision are all that one needs to understand the rank absurdity of this Federal prosecution in North Carolina that was specifically “designed to enable officers to identify and arrest men who were using the area for sexual solicitation and activity with other men.” (Id., at ...

In the August 26, 2013 issue of P&J, we noted a lengthy and scholarly decision by District Judge Mark Bennett of the N.D.Iowa which documented the Department of Justice’s (DOJ) arbitrary, capricious and “deeply disturbing” use of sentencing enhancements under 21 U.S.C. § 851 that produce a “jaw dropping [and] ...

Manuel Rodriguez was convicted at trial of conspiracy to commit wire fraud and wire fraud in violation of 18 U.S.C. §§ 1348 and 1343. He was sentenced to 120 months in prison, a sentence that included a four-level enhancement under U.S.S.G. § 2B1.1(b)(2)(B) based on the Government’s claim that Rodriguez’ ...