This is one of those dreadful cases that shows another of the many technical traps for the unwary that exist in American plea bargaining practice. Rule 11(e) of the Fed.R.Crim.P. describes three general types of plea agreements: those which result in dismissal of certain charges (Rule 11(e)(1)(A)); those that contain ...

Here the Court used the Supreme Court's decision in U.S. v. Whren to justify the pretextual search of a home, a decision that Judge Reinhardt characterized as an infringement on our "most deeply cherished privacy, safety and property interests".

This case is noted because of its detailed analysis of the ...

QUOTE OF THE WEEK - The game of duping the public versus the honor and integrity of the Government.

"If the United States government in the District of Columbia, acting through one of its apparently authorized agents, promised that the sole prosecution against the defendant would be the misdemeanor charge ...

The Court stated: "Nowhere does § 922(j) or § 922(k) provide that notification of the police constitutes a defense. Nor does the regulation Soskin cites, 27 C.F.R., support his instruction." (Id., at 1383).

Here the Court rejected the defendant's claim that his notification to the police of his possesion of ...

"The Appellants challenge the admissibility of the records under the business records exception on the ground that the cardholders were not acting in the regular course of business when they made the oral statements to the bank employees and supplied the affidavits or letters to the issuing banks. We agree ...

Here the Court explained that the preponderance of evidence standard is adequate for most sentencing decisions, but acknowledged that at some undefined point along the "continum of sentence severty" a higher standard may be needed.

Anyone familiar with the Federal Sentencing Guidelines knows that they have spawned revolutionary new concepts ...

This is one of those dreadful cases that shows another of the many technical traps for the unwary that exist in American plea bargaining practice. Rule 11(e) of the Fed.R.Crim.P. describes three general types of plea agreements: those which result in dismissal of certain charges (Rule 11(e)(1)(A)); those that contain ...

Court held that U.S.S.G. § 5K2.13, and not § 5H1.3, was the proper provision to consider when considering downward departures based on diminished capacity.

After the defendant in this case pled guilty to two counts of armed bank robbery, he appealed his sentence on the grounds that his counsel had ...

Court held that district court is under no obligation to follow Government's recommendation of concurrent sentences and is free to impose consecutive sentences.

Over the strong dissent of Judge Heaney, the majority rejected an equal protection action brought by female inmates who charged discriminatory treatment compared with the male inmates at other state prisons.

This is an instructive case about the scope of the Equal Protection Clause of the Fourteenth Amendment. A group ...

"Although the statements of the cardholders do not qualify as business records, both the written affidavits and the oral statements made to the bank personnel are admissible under the residual exceptions to the hearsay rule, Fed. R. Evid. 803(24) and 803(b)(5). The residual exceptions authorize the admission of hearsay statements ...

Case held that there were substantial questions of fact whether a prison policy, prohibiting direct communications with Clemency Board, served any legitimate penological interests.

In this case the defendant and her co-defendant were convicted for their participation as couriers in a heroin distribution ring. At sentencing, the district court noted that it was "very troubling" that the co-defendant had received a sentence of 31 months in a different court, while the Government was seeking ...

Among the many issues raised in this credit card fraud case (which involved the de rigueur charges of wire fraud, money laundering, conspiracy and related offenses), was a Guidelines issue about the propriety of a four level sentence enhancement for being leaders or organizers of a criminal activity that involved ...

This is another decision involving the recently enacted (and hastily drafted) Prison Litigation Reform Act (the "PLRA"). It is noted because it cites some of the sparse legislative history of that Act. Essentially, some prison inmates appealed from a district court order that summarily terminated a consent decree that had ...

Because this case involves the ugly allegation of child abuse, it is one which normally would be ignored by most commentators. It is noted, however, because of its detailed analysis of the rules that apply to novel scientific testimony. Essentially, the Eighth Circuit vacated a series of convictions because the ...

Relying on Abel v. U.S., 362 U.S. 217 (1960), Court held that abandoned property is not subject to Fourth Amendment protections; and that the manipulation of luggage in an overhead rack is not a "search" covered by the Fourth Amendment.

Here the Court held that an officer's manipulation of bags ...

Here's a somewhat surprising decision in which the Eighth Circuit reversed a lower court's refusal to grant the defendant, who was charged with an ex-felon gun possession crime, a significant sentence reduction under U.S.S.G. § 2K2.1(a)(6) because the guns in question were possessed solely for lawful sporting purposes for collection. ...

Court affirmed condition of probation that required probationer to give "any requested financial information" to Probation Officer.

As framed by Judge Aldisert, the principal issue in this case was whether the Bureau of Prisons (BOP) has "non-reviewable, exclusive competence to interpret [a] statute" - and the answer was an emphatic "No". The appellant, a federal inmate, successfully completed a residential drug-treatment program as authorized by 18 U.S.C. ...

Court held no Brady-rule violations where Government provided tapes - but not transcripts - before trial.

Here the Court held that the defendant's sentence could properly be based on the amount of loss that the defendant intended, rather than on the actual loss that occurred.

In this case, the defendants were convicted, inter alia, of using stolen credit cards. The actual losses attributable to one defendant ...

Court held that Fifth Amendment protection agianst compelled testimony does not offer protection from the compelled production of of physical evidence such as fingerprints, photographs, measurements, writing or speaking for identification, appearing in court, standing, walking, or making a personal gesture.

This is another decision involving the recently enacted (and hastily drafted) Prison Litigation Reform Act (the "PLRA"). It is noted because it cites some of the sparse legislative history of that Act. Essentially, some prison inmates appealed from a district court order that summarily terminated a consent decree that had ...

This is one of those rare cases in which both the district court and the Tenth Circuit approved a blanket suppression of all evidence seized during a search because the officers had exhibited flagrant disregard for the terms of the warrant by conducting "a wholesale seizure of Foster's property amounting ...

The defendant in this case was charged and convicted of a gun crime in violation of 18 U.S.C. § 924(c). Two months after his sentencing, the Supreme Court ruled, in Bailey v. U.S., 133 L.Ed.2d 472 (1995), that "use" of a gun requires some active use. At trial, the jury ...

Relying on Abel v. U.S., 362 U.S. 217 (1960), Court held that abandoned property is not subject to Fourth Amendment protections; and that the manipulation of luggage in an overhead rack is not a "search" covered by the Fourth Amendment.

For a contrary view about whether the police can manipulate ...

The defendant charged that the Government had breached its agreement to recommend concurrent sentences in two different districts; and the Government argued that promises made by a U.S. Attorney in one district are not binding on a U.S. Attorney in another district. The Court rejected that argument, holding that "absent ...