This is an interesting decision that proves the wisdom of always reading the statute under which your client has been indicted. Here, because of a statutory omission, a defendant who pled guilty to transporting an individual with the intent to engage in criminal sexual activity, had his conviction vacated because ...

In 1984, some 42 years ago, Cook County Jail in Illinois quietly adopted a “no newspapers” policy for all inmates. It was an absolute ban on all newspapers and newspaper clippings; and there were no exceptions. In fact, the Jail defined newspapers as contraband. The ban applied regardless of origin ...

This decision is a great read for anyone who wants to find out about some of the tricks, traps and dangers of proffer agreements in general; but it is also an intriguing expose of a secret proffer “district policy” used in the Eastern District of New York with impunity until ...

This is a rare decision in which the Supreme Court unanimously ruled in favor of a convicted sex offender. However, the decision has been rendered virtually meaningless by new legislation enacted by Congress after certiorari was granted. Thus, Justice Alito’s opinion has little value except for some surprisingly sharp barbs ...

In 2015, the Supreme Court struck down, as unconstitutionally vague, the so-called “residual clause” of the Armed Career Criminal Act of 1984 (“ACCA”) (18 U.S.C. § 924(e)(1)), saying that its "indeterminacy . . . both denies fair notice to defendants and invites arbitrary enforcement by judges.” (See, Johnson v. U.S., ...

In this highly fact-specific case, the Supreme Court clarified the correct standard of review in an appeal, under Rule 52(b) of the Fed.R.Crim.P., from a forfeited Guidelines error.

The petitioner, Saul Molina-Martinez, pled guilty to being unlawfully present in the United States after having been deported following an aggravated felony ...