For some time, we have been following with interest the course of this class action lawsuit against the City of New York, in which the plaintiffs have accused the New York City Police Department (NYPD) with engaging in unconstitutional racial profiling while implementing its controversial program of suspicionless stop-and-frisks.
Under ...
In a dramatic and rare public rebuke of a sitting judge, a panel from the Second Circuit granted a stay in the implementation of three rulings issued by District Judge Shira Scheindlin involving the New York City Police Department’s (NYPD) massive, controversial and highly politicized “stop-and-frisk program” that affected the ...
In this case, two brothers, Steven and Dwight Hammond, were charged with a number of crimes arising out of their roles in two separate fires - one in September 2001 that consumed 139 acres of public land; and one in August 2006 that burned an acre of public land. They ...
In 2003, Kenneth Olsen was convicted by a federal jury of knowingly developing a biological agent for use as a weapon in violation of 18 U.S.C. § 175; and he was sentenced to 121 months in prison. (See, U.S. v. Olsen, 120 Fed.Appx. 18 (9th Cir. Dec. 9, 2004) (“Olsen ...
The facts behind this case are highly fact-specific and somewhat complex. In 2010, Defendant Maximo Herrerra Pena ("Pena") was charged with two counts of conspiracy to possess with intent to distribute more than 1.6 kilograms of heroin. Pena was a co-leader of a heroin trafficking ring that sold narcotics in ...
Randy Shill, age 45, was caught in an FBI Internet sting operation in which he repeatedly attempted to entice an FBI agent, whom he believed was a 16-year-old high school student, to have sex with him. The Government indicted Shill on a single count of using the Internet to entice ...
Under a key provision of the Controlled Substances Act, namely, 21 U.S.C. § 841(b)(1)(C), a defendant who unlawfully distributes a Schedule I or II drug is eligible for a 20-year mandatory minimum sentence if “death or serious bodily injury results from the use of such substance.” The death/injury “results from” ...
[Editor's Note: For a commentary on this decision, see "Stop-and-Frisk Cases to Return to Lower Court," by Mark Hamblett, as published in the New York Law Journal on February 24, 2014 at http://link.law.com/5162ffff34b9b0a8048b853a1gbi8.22/Uws0QsJSP-lTGaJwA1f65 as follows:
Over the opposition of police unions, the new city administration's request for remand of stop-and-frisk ...
