Although the Court noted that some Circuits have approved "extraordinary forfeitures" as a valid basis for a downward departure, it rejected any downward departures on those grounds as erroneous as a matter of law.
In this case the Fourth Circuit reversed a three-level downward departure under U.S.S.G. § 5K2.0 granted ...
One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 because it relied on information that the defendant contended should have been excluded under Rule 11(e)(6)(D) of the Fed.R.Crim.P., ...
This somewhat technical decision contains a detailed analysis of the subtle distinctions between §§ 5G1.2 and 5G1.3. The defendant was sentenced, sequentially, on two different cases on the same day by the same judge. When it came time for the second sentencing, counsel objected to an increase in his client's ...
To date, Four other circuits have held that materiality is not an element of § 287. See United States v. Nash, 175 F.3d 429 (6th Cir. 1999); United States v. Taylor, 66 F.3d 254, 255 (9th Cir. 1995); United States v. Parsons, 967 F.2d 452, 455 (10th Cir. 1992); United ...
This case discusses the "value of funds" involved in a money laundering offense as that phrase is used in § 2S1.2(b). Citing U.S. v. Thompson, 40 F.3d 48 (3rd Cir. 1994), the Court first observes that the Guidelines do not define "value of funds." Then, citing U.S. v. Johnson, 971 ...
In this case, the defendant created and controlled a corporation through which he received commissions on premiums obtained from the sale of fraudulent insurance policies. The defendant would defraud small business owners by inducing them to purchase insurance by submitting insurance premiums to his fraudulent insurance corporation. Once the premiums ...
This lengthy decision results from an appeal by six of the unburned Branch Davidian survivors of the tragic "firefight" at Waco, Texas who were convicted of various federal crimes for their roles in that sordid episode. As can be expected the decision covers many issues, and it is intriguing reading ...
Court held that the Government failed to present any evidence regarding the essential elements of the crime of posessing an unregistered firearm and a firearm with a barrel of less than 16 inches in length.
Oops! Here's a case in which a firearms conviction was overturned because the Government failed ...
This is another example of the false promises made to defendants by the Government to induce a guilty plea. Here, the Government agreed to de-brief the defendant prior to sentencing and then, if he told the truth, to recommend a sentence at the low end of the Guideline range. The ...
Here the Court held that the district court had not erred in determining that a departure was warranted under § 5K2.11 because the defenant perceived that his girlfriend was in grave danger of physical harm and that she needed medical care.
In this case the Government appealed the sentence imposed ...
Case held that in evaluating the good faith of the prosecution's dissatisfaction with the defendant's cooperation, such dissatisfaction may not be based on bad faith, invidiousness or dishonesty. (Id., at 335).
One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 because it relied on information that the defendant contended should have been excluded under Rule 11(e)(6)(D) of the Fed.R.Crim.P., ...
In this case, the defendant argued that the departure was warranted by "the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct." 18 U.S.C. S 3553(a)(6). The district court followed the holding in United States v. Smith, 27 F.3d 649 ...
Case held that for purposes of departures under USSG § 5K2.13, diminished mental capacity is found where the defendant's condition affects his or her ability to process information or to reason.
In this case the Government appealed the sentence imposed on the defendant who was convicted of illegal reentry into ...
One of the issues in this case was whether the district court erred when it imposed a two level enhancement of his sentence for obstruction of justice under U.S.S.G. § 3C1.1 because it relied on information that the defendant contended should have been excluded under Rule 11(e)(6)(D) of the Fed.R.Crim.P., ...
