This is an interesting decision in which the Ninth Circuit held that it was constitutionally unreasonable for two Probation Officers to search the probationer’s cell phone and the data contained therein, even though (a) the probationer had signed a broad waiver of his rights under the Fourth Amendment, and (b) ...

The Government loves to prosecute cases that involve multiple defendants who are alleged to be members of an organized criminal gang. It can easily work on the weakest defendants and get them to flip early in the case; which results in numerous guilty pleas because the early bird always gets ...

The defendant in this case, Zackary Lull, entered a conditional plea of guilty to one count of possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. § 924(c), in which he expressly retained the right to appeal the district court's denial of his ...

One of the issues raised in this appeal was whether a defendant may lawfully appeal a sentence that he claims is “illegal,” after he has signed a plea agreement in which he expressly waived any right to appeal any a sentence imposed within or below the applicable Guidelines range as ...

The defendant in this case, Derek Ortiz, was one of four defendants whose sentences were previously vacated by the Seventh Circuit due to various problems stemming from the imposition of numerous conditions of supervised release. (See, U.S. v. Thompson, 777 F.3d 368 (7th Cir. Jan. 13, 2015) (P&J, 05-25-15).) As ...

After Robert Fitzgerald was charged with various gun and drug offenses, he moved unsuccessfully to suppress evidence found as the result of the execution of a search warrant at his home. Fitzgerald then rejected a plea offer made by the Government; but he indicated his willingness to enter an "open ...