This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and on the basis of family ties and responsibilities under U.S.S.G. § 5H1.6.

In this case, one Reed ...

In this case, Judge Brimmer makes a a persuasive argument that disparate sentences imposed on similarly-situated defendants in the same case can sometimes constitute valid grounds for adjusting a sentence.

This case, which has a long and involved history, is likely to set off a prairie war between Judge Brimmer ...

After mistrial without defendant's consent, and where there is no manifest necessity for the mistrial, the defendant cannot be tried for the same charges again.

This decision contains one of the best and most detailed analyses we have seen of the Double Jeopardy Clause's prohibitions against a new trial once ...

Here, following earlier remand reported at 81 F.3d 945, court grants motion to vacate both conviction and sentence on a number of grounds.

This case, which has a long and involved history, is likely to set off a prairie war between Judge Brimmer and the Tenth Circuit. The facts are ...

Here the Seventh Circuit joined the minority view that on a sentencing remand only those issues arising out of the sentence ordered by the Court of Appeals could be raised in a subsequent appeal.

QUOTE OF THE WEEK - One of the reasons that entrapment is so odious is that it empowers Government agencies, like the Post Service, to create entire departments whose sole goal and purpose is to entice people into committing crimes. Just imagine the scheming and planning that it took to ...

The fallout from the Supreme Court's decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995) continues. In Bailey, the Supreme Court held that for a gun conviction under the "use" prong of 18 U.S.C. § 924(c) to stand, the Government must show some "active employment" of the firearm. In the ...

In discussing the one-book-rule, court held that completion date of crimes controls proper version of Guidelines Manual and using the Guidelines in effect when the defendant completed the last of his related offenses does not violate ex post facto.

Among the many issues raised in this appeal was a Government ...

Following successful Bailey-type appeal, the defendant can raise issues de novo seeking a downward departure even if not raised at original sentencing.

In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which the Government agrees that statements made by him during plea negotiations will be inadmissible for sentencing purposes. As this case shows, ...

Court held that § 1252a(d)(1) gives courts limited authority to deport an alien without resort to INS proceedings, but that such action requires the consent of the U.S. Attorney and the concurrence of the Commissioner of the INS before doing so.

In its efforts to induce defendants to "tell all", it has become a fairly common practice for the Government to offer a defendant a so-called "proffer agreement" in which the Government agrees that statements made by him during plea negotiations will be inadmissible for sentencing purposes. As this case shows, ...

This decision is noted primarily because it contains a lengthy listing of cases in which downward departures were granted on the basis of extraordinary mental and emotional conditions under U.S.S.G. § 5H1.3 and on the basis of family ties and responsibilities under U.S.S.G. § 5H1.6.

In this case, one Reed ...

Here the Court held that the defendant did not have the right to be present when he was resentenced on remand.

This is a case involving one of those modern day, convoluted Federal statutes, the Federal Clean Water Act. The defendant was convicted of discharging gasoline into local sewers from a leaky tank at his gas station. He appealed on a number of grounds including the fact that the trial judge ...

Here the district court took a rare stance of disbelief against a police officer who concocted a story of Superman-like abilities to see in the dark in his creative efforts to convince the court that his search of a parked car was justified.

Last week we commented on the creative, ...

Here the Court held that the defendant did not have the right to be present when he was resentenced on remand.

One of the claims made by the defendant in this appeal was that the district court (Judge Clark) had erred by refusing to grant him a mitigating role downward departure under § 3B1.2. The defendant, however, was a career offender within the meaning of § 4B1.1 - and on that ...

Although this case was decided before the Supreme Court's decision in U.S. v. Usery, it is a strong exposition of the proposition that successive criminal prosecution and civil forfeiture proceedings violate the Double Jeopardy Clause.

Just as the Supreme Court has announced that it will hear appeals in two key ...

Case held that the scope of § 2255 appeal permits petitioner to raise other than constitutional and statutory issues - here a challenge to a sentencing enhancement for being an Armed Career Criminal based on a challenged prior conviction.

As this case shows, justice in America sometimes depends on where ...

One of the issues raised in this case was whether the Government had violated its discovery obligations, contained in Rule 16(a)(1)(D), by failing to inform defense counsel in advance of trial of the results of a ballistic test. That Rule specifies that the Government shall permit the defendant to inspect ...

This decision, involving a securities fraud conviction under the Securities Exchange Act of 1934 (15 U.S.C. § 78j(b)), contains an important analysis of the scope of "relevant conduct" under the Guidelines. Here, the trial court used certain non-charged conduct (that the defendant had withheld funds that should have been disbursed ...

Case held that Bailey's "active employment" of a gun concept is limited to the "use" prong of § 924(c) and does not apply to the "carry" prong.

The fallout from the Supreme Court's decision in Bailey v. U.S., 133 L.Ed.2d 472 (1995) continues. In Bailey, the Supreme Court held that ...