Case discusses whether sentencing courts may consider illegally seized evidence at sentencing.

One of the most important provisions contained in the Federal Sentencing Guidelines is an oft overlooked sentence in Application Note 1(a) to §3E1.1 which states that "A defendant may remain silent in respect to relevant conduct beyond the offense of conviction without affecting his ability to obtain a reduction" of ...

One of the standard conditions of probation and supervised release set forth in § 5B1.4 is the provision contained in subparagraph (a)(12) which prohibits the defendant from entering into any agreement to act as an informer or a special agent of any law enforcement agency without the permission of the ...

One of the issues addressed in this case was whether the district court had erred by granting a downward departure, under § 5K2.13, based on its finding that the defendant suffered from a significantly reduced mental capacity that contributed to his offenses. At the sentencing hearing, the defendant presented a ...

When they want you, they'll get you. Here the district court (Judge Elfvin) refused to impose a three level enhancement for committing an additional crime while on bail release because the language contained in the bail release form was "in very small print" and was "dense legal language", which it ...

Here the Court held that a prior marijuana conviction was similar enough to the charged crimes of distribution of of cocaine and heroin as to be admissible under Fed.R.Evid. 404(b) to show "intent".

In this case, involving the distribution of cocaine and heroin, the defendant argued that the district court ...