This multi-issue drug and gun case is cited for its holdings on two issues. In this case, the defendant
was arrested in a car in which there were no drugs, but in which a handgun was found. A subsequent
search of a hotel room where the defendant had been staying ...
This habeas corpus case is noted because it highlights one of those notable myths about the Federal
Sentencing Guidelines. In its Introduction to the Guidelines, the Sentencing Commission proudly
proclaimed that the Guidelines would have a positive effect on sentencing practices for two reasons.
First, it predicted that the Guidelines ...
After the defendant committed the grievous sin of mailing a dead pig to the Chief of Police, he was convicted of mailing a threatening communication under 18 U.S.C. § 876. Judge McAuliffe decided that the defendant's criminal history category of I under-represented the seriousness of the defendant's criminal history and ...
On a petition for a Writ of Mandamus, the Court held that the prisoner/petitioner had no right to attend the depositions of the defendants he was suing in a civil rights action.
In this case, the Government terminated a cooperation agreement with the defendant due to the defendant's alleged untruthfulness. He moved to enforce the agreement, and although Judge Sweet denied the motion, the decision contains a detailed discussion of the Government's right to terminate such 5K1 agreements. One of the more ...
One of the issues raised by the defendant was that the sentencing court erred when it failed to address him personally prior to imposing sentence as required by Rule 32 (c)( 3)(C) ; and, relying on U.S. v. Axelrod, 48 F.3d 72 (2nd Cir. 1995), he further argued that upon ...
The defendant in this case was granted a two point departure for "acceptance of responsibility" under U.S.S.G. § 3E1.1, but the sentencing judge refused to allow the third point permitted under subsection (b) because the judge observed that a defendant who "falsely denies or frivolously contests relevant conduct that the ...
QUOTE OF THE WEEK - The salacious inducements of the Guidelines.
"It is obvious from this discussion that [under the Guidelines] . . . the defendant is in effect induced by the 'system', including the judge, the prosecutor, and the defense attorney, to plead to what he believes to be ...
This is an important decision that deals with one of the Government’s favorite statutes - 18 U.S.C. § 666. That statute essentially permits the Government to buy its jurisdiction over theft and bribery crimes that would otherwise be reserved to the States under the Tenth Amendment by doling out Federal ...
Case held that a "firearm must be immediately available for use - on the defendant or within his reach." (Id., at 623).
