Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity.
United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer)
United States v. Sloan, 97 F.3d ...
Case held that a dismissed drug consipracy count was "groupable" with a drug manufacturing count to which the defendant pled guilty.
United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer)
United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch)
Last week The New York Times reported still another study, published in the Journal of the American Medical Association, which concluded that "the physiological and psychoactive ...
Case held that prior State conviction for involuntary manslaughter was a "violent offense" for purposes of the Armed Career Criminal Act.
Case held that district court erred in concluding that it lacked the authority to make a downward departure, despite language in Guidelines prescribes Category IV as a "minimum" starting point for the criminal history of armed career criminals.
In this case the Court held that although § 4B1.4(c) prescribes Category ...
Court rejected defendant's claim that Congress exceeded its powers under the Commerce Clause when it enacted 18 USC § 922(g).
United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996)
United States v. Branham, 97 F.3d 835 (6th Cir. 1996)
In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § 4B1.1 and redefined the term "Offense Statutory Maximum" by adopting its controversial Amendment No. 506. That Amendment effectively ...
United States v. Branham, 97 F.3d 835 (6th Cir. 1996)
United States v. McQuilkin, 97 F.3d 723 (3rd Cir. 1996)
In 1994, the Sentencing Commission amended Application Note 2 to U.S.S.G. § 4B1.1 and redefined the term "Offense Statutory Maximum" by adopting its controversial Amendment No. 506. That Amendment effectively ...
The Court held that to give the PLRA such a retroactive effect "would attach . . . new legal consequences to completed conduct, namely the services rendered by plaintiffs' counsel in advance of the passage of the new Act." (Id., at 921).
Case held that the new attorney's fee limitations ...
The defense lawyers nightmare! Here, after the client was convicted of some drug crimes, and his conviction was affirmed on appeal, he brought a lawsuit against his attorney alleging both legal malpractice and intentional infliction of emotional distress. Judge Sporkin ruled that on the malpractice issue the plaintiff would have ...
This case is noted because it reviews two important issues relating to Grand Jury proceedings. First, in response to a claim that it is "unfair . . . unethical . . . and unconstitutional" to require a witness to testify before a Grand Jury without the presence of counsel, the ...
Testing the limits of fairness, the Government appealed from the district court's decision to grant a relatively small downward departure under the safety valve laws to an unsophisticated Nepalese trackker, demanding a full 10 year mandatory minimum.
The defendant in this case was a poor but somewhat gullible trekker from ...
One of the issues raised in this case was a claim that the Government withheld important information about one of its star witnesses until after the trial was over, in violation of the rules laid down by the Supreme Court in Brady v. Maryland, 373 U.S. 83 (1963). Here, four ...
United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers)
United States v. Warfield, 97 F.3d 1014 (8th Cir. 1996) (Judge Hansen)
We have often said that, with the possible exception of Federal judges and the growing legions of gun-toting, badge-wearing law enforcement agents in this country, there is ...
United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer)
United States v. Sloan, 97 F.3d 1378 (11th Cir. 1996) (Judge Kravitch)
Last week The New York Times reported still another study, published in the Journal of the American Medical Association, which concluded that "the physiological and psychoactive ...
Quote of the Week - A fresh look at the Alice in Wonderland jurisprudence of the Guidelines: "Acquittal first, sentence afterwards."
Perhaps the most noteworthy aspect of the Baylor case (cited above) was the concurring opinion of Judge Wald in which she strongly condemned, as fundamen tally wrong, non-sensical and ...
This is one of those cases that delves into the labyrinthine thicket of Guidelines law dealing with consecutive versus concurrent sentences when the defendant is already serving an undischarged term of imprisonment; and the decision is further complicated both by numerous incorrect references to a non-existent U.S.S.G. § 5G3.1 and ...
This is one of those much ado about nothing cases that delves into the labyrinthine thicket of Guidelines law dealing with consecutive versus concurrent sentences when the defendant is already serving an undischarged term of imprisonment; and the decision is further complicated both by numerous incorrect references to a non-existent ...
Quote from Judge Wald in which she condemned, as fundamentally wrong, non-sensical, and constitutionally infirm the practice of basing sentences on conduct for which the defendant has been acquitted.
QUOTE OF THE WEEK - A fresh look at the Alice in Wonderland jurisprudence of the Guidelines: "Acquittal first, sentence afterwards." ...
United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers)
United States v. Warfield, 97 F.3d 1014 (8th Cir. 1996) (Judge Hansen)
We have often said that, with the possible exception of Federal judges and the growing legions of gun-toting, badge-wearing law enforcement agents in this country, there is ...
The plaintiff in this case, an inmate at Sing Sing, was placed in "medical keeplock" for 589 days, without any opportunity for out-of-cell exercise, because of his refusal to take a tuberculosis test. During the nearly two years in his cell, he was allowed one ten-minute shower per week and ...
Decisions like this one usually don't get published. First of all, they raise the disturbing question whether law enforcement officers of our nation are accorded special treatment - even when they go bad. Second, properly utilized, this case will certainly come back to haunt the Government. The principal issue was ...
Court affirmed a downward departure on the basis of the defendant's kidney failure and charitable good works.
Decisions like this one usually don't get published. First of all, they raise the disturbing question whether law enforcement officers of our nation are accorded special treatment - even when they go bad. ...
Here the court agreed that crack cocaine and other forms of cocaine "are chemically indistinguishable" - but it said that such a fact does not mandate application of the rule of lenity.
United States v. Olvis, 97 F.3d 739 (4th Cir. 1996) (Judge Niemeyer)
United States v. Sloan, 97 F.3d ...
One of the issues raised in this case was whether a police officer's qualification as an expert witness unfairly bolstered his credibility as a fact witness. In support of this claim, the defendants cited a decision of the D.C. Court of Appeals, Beach v. U.S., 466 A.2d 862 (D.C.App. 1983), ...
Here the Court upheld, as proper under the Confrontation Clause, limits on the cross-examination of government witnesses which must be controlled by concerns about "harassment, prejudice and confusion of the issues".
United States v. Baylor, 97 F.3d 542 (D.C.Cir. 1996) (Judge Rogers)
United States v. Warfield, 97 F.3d 1014 (8th ...
