United States v. Perkins, 108 F.3d 512 (4th Cir. 1997) (Judge Russell)
United States v. Griffiths, 954 F.Supp. 738 (D.Vt. 1997) (Judge Sessions)
United States v. Bissell, 954 F.Supp. 841 (D.N.J. 1996) (Judge Lechner)
United States v. Blackwell, 954 F.Supp. 944 (D.N.J. 1997) (Judge Lechner)

As these four cases show, ...

United States v. Gaydos, 108 F.3d 505 (3rd Cir. 1997) (Judge Nygaard)
United States v. Corona, 108 F.3d 565 (5th Cir. 1997) (Judge Higginbotham)

Both of these cases deal with the Federal arson statute (18 U.S.C. § 844(i) and the issue of whether every case of arson is a Federal ...

Here the Court reversed a downward departure granted to a black defendant on the basis that "symmetry and justice" required a lower sentence - even though the Government failed to object to the departure at sentencing.

United States v. Perkins, 108 F.3d 512 (4th Cir. 1997) (Judge Russell)
United States ...

Here the defendant received a sentence enhancement of four points for use of a dangarous weapon - namely a car. In reejecting his claim of impermissible double counting, the Court concluded that impermissible double counting does not occur "if the enhancement does not duplicate an essential element of the crime." ...

The court explained the "necessary compulsion test" of Rule 704(b) which prohibits an expert's testimony about whether the defendant had the mens rea for the crime but permits testimony about his mental state so long as it does not compel that conclusion.

This en banc decision reverses an old Ninth ...

Here, while the court agreed that the admission into evidence fact that five non-testifying co-defendants had pled guilty was more prejudicial than probative, the error was rendered harmless due to the curative instructions given to the jury.

This was one of those massive drug conspiracy cases that charged twenty-seven people ...

This detailed and technical decision analyzes the use of DNA testing (using both the RFPL and PCR methods) under Fed.R.Evid. 702, and Judge Saris concluded that it was sufficienlty reliable to be admitted under the standards of Daubert v. Merrill Dow.

United States v. Gaydos, 108 F.3d 505 (3rd Cir. 1997) (Judge Nygaard)
United States v. Corona, 108 F.3d 565 (5th Cir. 1997) (Judge Higginbotham)

Both of these cases deal with the Federal arson statute (18 U.S.C. § 844(i) and the issue of whether every case of arson is a Federal ...

In Re Sealed Case, 108 F.3d 372 (D.C.Cir. 1997) (Per Curiam)
United States v. Booze, 108 F.3d 378 (D.C.Cir. 1997) (Judge Rogers)

Both of these cases deal with the critically important question of how much drugs may be attributed to a defendant in a drug conspiracy case; and both cases ...

Court affirmed granting of new trial based on jury's improper consideration of intrinsic evidence and held that trial judge's examination of jurors did not violate mandates of Rule 606(b) of the Fed.R.Evid.

QUOTE OF THE WEEK - The hokum and hypocrisy of the metamorphic "drug dealer profile."

"The 'drug dealer profile' is . . . laughable, because it can be used to justify designating anyone a potential drug courier if the DEA agents so choose. . . . [A] canvass of numerous ...

Case held that the district court committed plain error by failing to instruct jury that it could only convict defendant for possessing those firearms that he was barred from possessing under state statute.

Here, in examining the "purports to be genuine language" contained in USSG § 2B5.1, the Court held that it was not necessary for the Government to prove the common law similitude requirement that most courts have applied to the counterfeiting laws.

In this case, the defendant pled guilty to passing ...

United States v. Perkins, 108 F.3d 512 (4th Cir. 1997) (Judge Russell)
United States v. Griffiths, 954 F.Supp. 738 (D.Vt. 1997) (Judge Sessions)
United States v. Bissell, 954 F.Supp. 841 (D.N.J. 1996) (Judge Lechner)
United States v. Blackwell, 954 F.Supp. 944 (D.N.J. 1997) (Judge Lechner)

As these four cases show, ...

Adopting the "sentencing package" theory, the Seventh Circuit held that a district court has the authority to restructure a defendant's entire sentence even when the petitioner attacks the validity of just one of the counts of conviction.

Not without reservation, the Seventh Circuit again affirmed what virtually every other circuit ...

This case, involving a late-night search and seizure, covers a full panoply of many of the issues raised in such cases. Two Hispanic defendants, staying in a motel near an airport in Wisconsin, were roused from bed by the police sometime after 11 p.m. one night, principally because they were ...

Here Judge Lechner angrily rejected the Government's attempt to seek a downward departure for an inner-city defendant on the basis of extraordinary family responsibilites, claiming it was attempting to set a precdent for a different case.

United States v. Perkins, 108 F.3d 512 (4th Cir. 1997) (Judge Russell)
United States ...

Case rejected a broad range of challenges to the Massachusetts Megan's Law, holding it did not constitute punishment for purposes of ex post facto, bill of attainder and double jeopardy clauses; and that it was not cruel and unusual punishment.

Case is noted for its discussion of the Congressional history of the money laundering statute and its conclusion that Congress did not intend to create a statute punishing mere "money spending.".

This is an important (and controversial) double jeopardy case in which the Sixth Circuit held that the Supreme Court's "same elements" test outlined in Blockburger v. U.S. does not apply in certain cases involving successive prosecutions.

The defendant in this case sought a writ of habeas corpus on the grounds ...

The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, he began a series of appeals - the latest of which involved his claim that he was not ...

This en banc decision reverses an old Ninth Circuit decision, U.S. v. Brodie, 858 F.3d 492 (9th Cir. 1988), which held that Rule 704(b) of the Fed.R.Evid. precluded an expert witness from testifying to a predicate matter from which the jury might "extrapolate" whether the defendants possessed the necessary mens ...

United States v. Viltrakis, 108 F.3d 1159 (9th Cir. 1997) (Judge Roney)
United States v. McVeigh, 954 F.Supp. 1441 (D.Colo. 1997) (Judge Matsch)

These two cases address another recurrent and fulminic issue: Does an indigent defendant really have the ability to compete fairly with the Government in obtaining funds needed ...

In Re Sealed Case, 108 F.3d 372 (D.C.Cir. 1997) (Per Curiam)
United States v. Booze, 108 F.3d 378 (D.C.Cir. 1997) (Judge Rogers)

Both of these cases deal with the critically important question of how much drugs may be attributed to a defendant in a drug conspiracy case; and both cases ...

United States v. Gaydos, 108 F.3d 505 (3rd Cir. 1997) (Judge Nygaard)
United States v. Corona, 108 F.3d 565 (5th Cir. 1997) (Judge Higginbotham)

Both of these cases deal with the Federal arson statute (18 U.S.C. § 844(i) and the issue of whether every case of arson is a Federal ...

Court held that an admission of a single prior discharge of pollutants justified a sentence enhancement based on an "ongoing, continuous or repetitive discharge".