In this decision, Judge Gertner gives an instructive analysis of Rules 8(a) and 14 of the Fed.R.Crim.P., which deal with the joinder and misjoinder of separate offenses in a single indictment. The defendant was charged with various offenses relating to his role as a bank president and other offenses relating ...

In this decision, Judge Gertner gives an instructive analysis of Rules 8(a) and 14 of the Fed.R.Crim.P., which deal with the joinder and misjoinder of separate offenses in a single indictment. The defendant was charged with various offenses relating to his role as a bank president and other offenses relating ...

Among the many issues raised in this drug conspiracy appeal were a series of challenges based on a number of jury misconduct issues. Four jurors gave affidavits after trial saying that the forewoman’s husband had told her to "nail" the defendants. Citing Remmer v. U.S., 347 U.S. 227, 229 (1954), ...

In this case, during its openinf statement, the Government mentioned and attributed to defendants two murders - for which the defendants claimed that no evidence was thereafter introduced at trial. In analyzing what was said, the Court agreed that "The prosecutor's predictions that the jury would hear all this were ...

In this case, the district court found that the defendant was untruthful in her attempt to minimize her role in a drug conspiracy. The district court noted the length of time the defendant had been involved in the conspiracy and the nature of her conduct, which included tending to the ...

Here the Court held that " the sentence imposed after Iversen violated her probation--six months imprisonment plus three years supervised release--was within the range of sentences available at the time of initial sentencing. The fact that she had already served three months home detention as a condition of probation did ...