Here's a great case involving the pre-1991 version of § 2F1.1 of the Guidelines that upholds a very substantial departure from the Guideline level based on "multiple loss causation." The district court had awarded three departures (two of which resulted only in probation) on the grounds that the total amount ...

In this case, citing the standards laid down by the Supreme Court in the Daubert case, Judge Larimer
rejects a Government motion to exclude expert testimony in the area of human memory and perception.
The defense wanted to introduce the evidence to attack the accuracy and reliability of the eyewitness’ ...

In trial where critical issue was whether defendant knew checks were stolen, district court did not abuse its discretion in admitting evidence that other stolen checks had recently been deposited in defendant's bank account.

Court rejected a two level acceptance of responsibility where lower court relied on factors unrelated to defendant's guilt, including belief that a longer sentence would damage his law practice and thus constitute a "financial death penalty"".

The Court emphasized that the acceptance of responsibility guideline does not permit a reduction ...

This is one of those politically correct but oblivious-to-logic cases that deals with the rights of aliens, convicted of an "aggravated felony", who are subsequently subjected to deportation proceedings. In 1987, the defendant, who had lived in the United States for 36 years, was convicted of some drug crimes. At ...

This is a rare entrapment case in which the court grants a defendant's motion for an acquittal on the grounds that the evidence was insufficient to allow a rational jury to conclude beyond a reasonable doubt that the defendant was in fact predisposed to deal in methamphetamine. The issue was ...

In this case the Court affirmed a district court ruling that a forfeiture of more than $15,000 in cash for a violation of the Federal currency reporting requirements would be excessive under the Excessive Fines Clause.

This is an interesting forfeiture case in which the Ninth Circuit affirms an order ...

In this just published 1995 ruling, Judge Sessions granted the Canadian defendants a downward departure under U.S.S.G. § 5K2.0, based on the defendants' alien status, in order to enable the court to impose a sentence of probation under U.S.S.G. § 5B1.1(a)(1). Citing U.S. v. Restrepo, 999 F.2d 640 (2nd Cir. ...

Court held that extreme vulnerability to assault in prison may be a valid ground for departure, although it also held that the defendant's vulnerability "must be so extreme as to substantially affect the severity of confinement." (Id., at 1481).

The defendants in this crack/cocaine drug case all received life sentences. ...

Here the Ninth Circuit joins the Second, Fourth, Sixth and Seventh Circuits in holding that a sentencing judge may not grant a downward departure under U.S.S.H. § 5K2.0 in order to facilitate the payment of restitution.

Here the Court emphasized that the Sentencing Commission "implicitly considered departures based on ability ...

Case held that a Magistrate Judge does not have the statutory authority to hold a probation revocation hearing without the defendant's consent; and it ordered a new hearing.

This is another in the string of recent cases from the Second Circuit that deals with issue of restitution, and it contains some of the most detailed guidelines to date about the need to allow defendants a "floor" of earnings below which restitution payments cannot be required. In this case ...

Editor's Note: For a contrary view, see U.S. v. Waters, Docket No. 97-5513 (6th Cir. Sept. 28, 1998).

Case held that a Magistrate Judge does not have the statutory authority to hold a probation revocation hearing without the defendant's consent; and it ordered a new hearing.

Here the court emphasized that defendant is eligible for § 3E1.1 reduction only if he accepts responsibility for his criminal conduct - and that defendant's denial of "willful" violation of the law was a "manifest" denial of the type of acceptance required.

Court rejected a two level acceptance of responsibility ...

Court reversed a restitution order, holding that payments in excess of 15% of gross income exceeded what Congress had mandated in 15 USC § 1673.

This is another in the string of recent cases from the Second Circuit that deals with issue of restitution, and it contains some of the ...

QUOTE OF THE WEEK - To appreciate the Government's unquenchable thirst for wringing the last penny possible from every criminal defendant, one must analyze the motives that drive the Government. The Supreme Court recently unmasked some of those motives. In United States v. James Daniel Good Real Property, 114 S.Ct. ...

Case held that it was not sufficient for the district court to simply adopt the presentence report on the critical issue of the quantity of drugs attributable to defendants when they disputed those facts as factually inaccurate.

The defendants in this crack/cocaine drug case all received life sentences. They raised ...

The defendant was indicted on six counts of possession of firearms or ammunition by an unlawful user of marijuana in violation of 18 U.S.C. § 922(g)(3). That statute makes it unlawful for any person who is "an unlawful user of or addicted to any controlled substance" to possess a firearm. ...

The real issue involved in this World Trade Center bombing case was the highly technical question whether the Court had jurisdiction to hear an appeal after the defendants had first appealed their convictions, then had sought and obtained a remand for consideration of certain collateral attacks on their appeal, and ...

Late last year the Supreme Court issued its decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995), which held that a defendant cannot be convicted, under 18 U.S.C. § 924(c), of "using" a firearm during and in relation to a drug trafficking offense unless the Government proves that there has ...

This police line-up case is noted because the Seventh Circuit ruled that a police line-up procedure was not so unduly suggestive as to render the witness' identification inadmissible even though the defendant was put in a line-up in which all the other participants had different ages, heights and weights. Somehow ...