Case held that eight year delay in indicting defendant, and subsequent 4 1/2 year delay between mistrial and second prosecution did not violate due process.

Citing U.S. v. Kozminski, 487 U.S. 931 (1988), the Court emphasized that the 13th Amendment did not apply to work assignments for inmates. The Court also noted that, under Kozminski, there are two exceptions to the prihibition against involuntary servitude: First, the Government may compel its citizens, by threat of ...

United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg)
United States v. Rodriquez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch)
United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) (Judge Restani)

These three cases explore an issue of increasing importance in the administration of criminal justice, ...

Here the Court held that "by its plain terms" the underlying elements of 21 USC § 843(b) constitute a controlled substance offense for purposes of the career offender provisions of USSG § 4B1.1.

United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg)
United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch)
United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) (Judge Restani)

These three cases explore an issue of increasing importance in the administration of criminal justice, ...

United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg)
United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch)
United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) (Judge Restani)

These three cases explore an issue of increasing importance in the administration of criminal justice, ...

Case held that oral sentence normally prevails over subsequent written sentence unless the oral sentence that was pronounced was illegal.

The district court in this case pronounced a sentence of 48 months, but later the same day signed a written judgment increasing the sentence to 63 months. His explanation was ...

Here the Court held that the AEDPA did not repeal 28 U.S.C. § 2241, and thus it had jurisdiction to review final orders of deportation with respect to aliens "in custody in violation of the laws and treaties of the United States".

Court affirmed use of 16 level enhancement based on state misdemeanor conviction as covered by language of U.S.S.G. § 2L1.2(b)(2).

United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg)
United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch)
United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) (Judge Restani)

These three cases explore an issue of increasing importance in the administration of criminal justice, ...

Joining the Second, Sixth, Eighth and Tenth Circuits, the Ninth Circuit ruled that the specific term of supervised release imposed under 21 U.S.C. § 841(b) may exceed the maximum lengths of sentences specified in 18 U.S.C. § 3583(b). See also U.S. v. Page, 131 F.3d 1173 (6th Cir. 1997); U.S. ...

This case shows another example of the Government's vindictiveness if it gets wounded at the first trial. Here, the defendant was indicted on a number of wire fraud, mail fraud and money laundering counts. He went to trial and the jury acquitted him of the wire fraud charges; and a ...

The defendant in this case was convicted of violating 18 U.S.C. § 513(b) - one of those incredibly broad modern-day statutes that makes it a crime to possess "an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it so be used." ...

Here the Court held that a second prosecution of the defendants was barred in part under the principles of collateral estoppel, and it applied a three-part test to determine whether the issues were so barred.

As this case shows, once the Government wants to prosecute someone, it never gives up ...

Here, in a surprising anf far-reaching decision, the majority (over the dissent of Judge Kearse) affirmed a sentencing departure based on family circumstances, strongly endorsing the trial court's discretion in granting such departures.

This is one of the most extraordinary Guidelines' departure cases that we have seen in a long, ...

Court refused to infer that a gun seized from a defendant known to have been involved in the drug trade for months was carried in car for the purpose of faciltating a drug transaction.

As this case shows, once the Government wants to prosecute someone, it never gives up - even if it means disregarding the Constitution. This case started in 1990 when the defendant and two co-defendants were indicted by a grand jury on various drug and drug conspiracy charges. After trial, the ...

United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg)
United States v. Rodriquez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch)
United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) (Judge Restani)

These three cases explore an issue of increasing importance in the administration of criminal justice, ...

After being reversed by the Court of Appeals for concluding that a 20 year sentence would consitiute cruel and unusual punishment, Judge Oberdorfer requested that the case be assigned to a different judge.

Case held that there was no manifest necessity for a retrial after the judge was informed of his mother-in-law's death and defendant's failure to object did not amount to consent.

In this horrifying case, the Court held that a police superintendent's failure to identify and take remedial action concerning an unstable, problem police officer who killed an innocent man could create supervisory liability.

Because of the artful dancing of the court in this case, we are not surprised that the official case does not appear on the Internet. Here the Court ruled that "the denial of the additional one-level reduction under § 3E1.1(b)(1) simply reflects the conclusion of the district court that Lancaster, ...

While it may be more of academic than practical value, this decision contains a detailed discussion of a defendant's right of allocution - a right that is embodied in Rule 32(c)(3)(C). Here, after the district court constantly interrupted a defendant during her sentencing allocution and ultimately limited her time to ...

Case is noted for Judge Selya's rare dissent in which he observed: "In the absence of exigent circumstances - and nothing in the instant record suggests any exigency, let alone demonstrates exigency to an extent that might carry the day on summary judgment - the Fourth Amendment prohibits a warrantless, ...

In this case the Second Circuit held that it was not enough to look at the length of time that a prisoner has been confined in a "special housing unit" in determining whether he has a liberty interest. Instead, the court must also make a factual finding as to the ...

Case held that oral sentence normally prevails over subsequent written sentence unless the oral sentence that was pronounced was illegal.

Quote of the Week - Some of the reasons why the Double Jeopardy Clause is so important.

"Fear and abhorrence of governmental power to try people twice for the same conduct is one of the oldest ideas found in Western civilization. . . . Inevitably, the victims of such double ...

United States v. Whren, 111 F.3d 956 (D.C.Cir. 1997) (Judge Ginsburg)
United States v. Rodriguez, 112 F.3d 26 (1st Cir. 1997) (Judge Lynch)
United States v. Davis, 112 F.3d 118 (3rd Cir. 1997) (Judge Restani)

These three cases explore an issue of increasing importance in the administration of criminal justice, ...

While this case delved into some of the inner workings of the Grand Jury system, it is cited for its
discussion of the marital privilege. Here, a witness was summoned before a grand jury and questioned
about various communications she had with her husband, who was not the target, but ...