Here Judge Weinstein took another memorable shot at the excessive penalties called for by the Guidelines in child porn possession cases, setting forth his reasons for imposing a non-incarceratory sentence on a 52-year old defendant.

Once again, Senior District Judge Jack Weinstein has written a memorable decision in which he ...

Here, in a decision that was quickly granted a re-hearing en banc, a sharply divided panel struck down, as unconstitutional, a new Maryland law that banned most citizens from possessing assault rifles and high-capacity magazines.

Because the majority’s decision in this case pushes the boundaries of permitted use of assault ...

In this case of first impression in the First Circuit, the Court directly addressed a question that the Supreme Court expressly left open in Setser v. U.S., 566 U.S. ___, 132 S. Ct. 1463 (2013), namely, whether a federal sentence may be ordered to be consecutive to another federal sentence ...

In this case, Kaylon Pruitt pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). After he was sentenced to 46 months in prison, he appealed his sentence arguing that the district court committed procedural error during his sentencing by failing to ...

In 1963, Henry Montgomery was convicted of murdering of a deputy sheriff in Baton Rouge, LA. The crime was committed when Montgomery was 17 years old. He was sentenced to life without parole, and has been held in prison ever since.

Finally, in 2012, a sharply divided Supreme Court held ...

In this case, the Supreme Court addressed two separate questions arising from the parties’ failure to raise timely challenges. The Government failed to object to a jury instruction that erroneously added an element that it had to prove under the Computer Fraud and Abuse Act (“CFAA”); and the petitioner failed ...