Case explored the history of disclosure of presentence reports and cited numerous cases to support its conclusion that disclosure of the presentence reports of seven government witnesses was not warranted in this case. The Court noted that "the confidentiality of PSRs has always been jealously guarded by the drafters of ...
Here the Court vacated a conviction under 18 UCS § 287 because an expert witness falsely testified that he had obtained information from a neighboring grower of the same crops which indicated that there had been no drought in that area that year.
This is one of those cases that stretches the elastic limits of the term "relevant", as used in Rule 404(b) of
the Fed.R.Evid., to cover just about anything needed to obtain a conviction. Under that Rule, evidence of
other crimes and wrongs is not admissible to prove the character of ...
Here the Court concluded that the Supreme Court has rejected the concept that that a downward depature must be consistent with the statutory goals of deterrence, incapacitation, retribution and correction.
This Guidelines case explores the issue of whether the defendant, who was charged with armed robbery of a bank, was ...
In this case the defendant pled guilty to a "felon-in-possession" gun charge; and after his plea was entered, the Supreme Court issued its ruling in Bailey v. U.S., 133 L.Ed.2d 472(1995). Based on Bailey, the defendant sought to withdraw his plea so he could move to suppress evidence that was ...
Case held that the quantity of drugs under 21 USC § 844 is an essential element of the crime.
This case brings home one of the great equivocations that exists in the enforcement of our drug laws. It has long been a basic principle of American jurisprudence that, as a matter of due process, criminal convictions must rest upon a jury determination that the defendant is guilty of every ...
The defendant in this case was charged with and convicted of possession of crack cocaine with
intent to distribute. His defense was that he possessed the drugs for personal consumption and that
his sentence should have been based on the less severe punishments for possession only. He
appealed on a ...
This Guidelines case explores the issue of whether the defendant, who was charged with armed robbery of a bank, was entitled to a downward departure under U.S.S.G. §§ 5H1.3 (Mental and Emotional Conditions), 5H1.12 (Lack of Guidance as a Youth and Similar Circumstances) or 5K2.13 (Diminished Capacity) on the basis ...
The defendant in this case was charged with and convicted of possession of crack cocaine with
intent to distribute. His defense was that he possessed the drugs for personal consumption and that
his sentence should have been based on the less severe punishments for possession only. He
appealed on a ...
Despite stating that it was "troubled by such testimony", the court rejected a claim that an expert witness' testimony, where he opined that the quantity of drugs possessed by the defendant signified a drug dealer, was improper.
The defendant in this case was charged with and convicted of possession of ...
