This is a rare and interesting sentencing decision in which a Federal judge actually granted the defendant a downward departure based on “sentencing factor manipulation” - a factor that the Court said occurs “when the government 'improperly enlarge[s] the scope or scale of [a] crime' to secure a longer sentence ...
This case has become one of the few beacons of light in recent years involving the rights of immigrants caught up in America’s labyrinthine immigration system; and it involves the continuation of a series of important and powerful rulings by Judge Ponsor regarding the Government’s odious practice and policy of ...
Matter of Black IPhone 4, 27 F.Supp.3d 74 (D.D.C. Mar. 11, 2014) (Magistrate Judge John Facciola)
U.S. v. Winn, No. 14-CR-30168 (S.D.Ill. Feb. 9, 2015) (District Judge Nancy Rosenstengel)
We have begun to see a growing trickle of cases in which the courts are rejecting sweeping applications by the Government ...
In District of Columbia v. Heller, 554 U.S., 570 (2008), the Supreme Court’s landmark decision on the scope of the Second Amendment, it wrote in part:
“Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained ...
Matter of Black IPhone 4, 27 F.Supp.3d 74 (D.D.C. Mar. 11, 2014) (Magistrate Judge John Facciola)
U.S. v. Winn, No. 14-CR-30168 (S.D.Ill. Feb. 9, 2015) (District Judge Nancy Rosenstengel)
We have begun to see a growing trickle of cases in which the courts are rejecting sweeping applications by the Government ...
Some day philosophers will probably look back at this decision and, with great mirth, debate who was sillier:
-- the avaricious prosecutors for attempting to prosecute a fisherman under the Sarbanes-Oxley Act of 2002, a high-penalty statute that was undeniably “designed to protect investors and restore trust in the financial ...
