Section 2X1.1(b)(2) provides for a three-level reduction of the base offense level in cases of a conspiracy, unless the circumstances demonstrate that the conspirators were about to complete all the acts believed necessary for the completion of the substantive offense. The defendant in this case argued that the district court ...

Here the district court reduced the defendants' base offense levels by ten levels, stating: "The gravamen of the Adams' unlawful scheme is fraud and misapplication of RTC funds. It is difficult to conceive of a situation in which a bank account would not be used in some manner in a ...

This is an important restitution case that debunks a common practice of the courts and the prosecutors of imposing restitution in amounts far in excess of the defendant's ability to pay. Here, district Judge Cohill ordered the defendant to pay restitution in the amount of $4,257,940.45, even though he acknow ...

One of the issues in this case is whether the four level enhancement provided for in § 2K2.1(b)(5) (use of possession of a firearm in connection with another felony offense) requires that the "use or possession" be intentional. Here, the defendant was convicted in a State court of involuntary manslaughter, ...

This is a reprise of the classic case, first reported at 876 F.Supp. 395, in which Judge Munson refused to grant a continuance to Captain Davy Jones even though he acknowledged that Jones was "an obese 76 year old male who suffers from severe coronary artery disease and diabetes" and ...

This is a rare case in which the Second Circuit reversed a conviction because it found that Judge
Tsoucalas had "unmistakably" interfered with the defendant's right to a fair trial by improperly intruding
as an advocate during trial. In an unusually harsh condemnation of the judge, who was on loan ...

Case held that alien, who was stopped at customs, was not in custody for purposes of triggering any Miranda warnings; and that any determination of "custody" should be interpreted in light of the "strong governmental interest in controlling the borders." (Id., at 1119). The Court also suggested that "events which ...

Here the Court rejected the Government's claim that the defendant had secreted assets, holding that if the Government had no proof, the proper remedy was to have an evidentiary hearing to enable the defendant to prove he no longer had the assets.

This is an important restitution case that debunks ...

The commentary to § 4A1.2 of the Guidelines permits the use of prior "uncounseled misdemeanor sentences" to increase a defendant's Criminal History Category, even where imprisonment was not imposed. In this case, the defendant waived his right to counsel at the time he was convicted of those prior misdemeanors. The ...

The defendant in this case was convicted of possession of crack under 21 U.S.C. § 844(a), and on appeal he argues that the court cannot impose a five year sentence without an express jury determina tion that he was in possession of more than five grams of crack. To date, ...

This decision contains a detailed analysis of USSG § 5G1.3(c), particularly in the context of the district court's belief that it did not have the authority to give any credit for a running state sentence.

This decision contains a detailed analysis of § 5G1.3(c), particularly in the context of the ...

Case held that state misdemeaner conviction for possession of marijuana constituted an aggravated felony for purposes of a 16 level enhancement.

The defendant in this case, a police officer, was convicted of misdemeanor civil rights violations under 18 U.S.C. § 242 for coercing prostitutes to perform sexual acts under threat of arrest. The district court ordered that an anonymous jury should be empanelled, concluding that such a jury was warranted to ...

In this tax evasion case, Judge Miller ruled that the defendant was not subject to a two level enhancement for using "sophisticated means" within the meaning of U.S.S.G. § 2T1.1(b)(2) because he used no off-shore banks or corporate shells and because the methods he used were not sophisticated.

This is a rare case in which the Second Circuit reversed a conviction because it found that Judge
Tsoucalas had "unmistakably" interfered with the defendant's right to a fair trial by improperly intruding
as an advocate during trial. In an unusually harsh condemnation of the judge, who was on loan ...