Case held that wiretap statute authorized judge in Wisconsin to order wiretap regardless of whether target phones were located in Wisconsin or Minnesota.

Case affirmed district court's refusal to grant motion for change of venue based on claim of excessive pretrial publicity, holding that trial court had conducted appropriate two-step analysis.

Here, although the Court held that the Government had failed to prove that it had made a good faith effort to locate witness before trial, the erroneous admission of that witness' testimony at trial was harmless error.

Court affirmed enhancement for jeopardizing the soundness of a financial institution based on bank officer's testimony that defendant's fraud had an "effect" on and was a "contributing factor to" the closing of the bank.

In a domestic violence case, the Court rejected defendant's claims that upward departures based on USSG §§ 5K2.2, 5K2.4, 5K2.5 and 5K2.8 were improper.

Case affirmed a multiple victim enhancement under USSG § 2F1.1(b)(2)(B), rejecting defendant's claim that the bankruptcy trustee was the only victim (id., at 531).

Case held that seizure of $237,282 in currency did not violate the Excessive Fines Clause.

The Government appealed from an order of Judge Hallanan, in which she granted a defense motion to suppress a statement given by the defendant to law enforcement officials. She ruled that the statement was involuntary because: (a) the defendant was intimidated by the presence of two law enforcement officers; (b) ...

Prison cases have always been great barometers of our criminal justice system. They show how judicial winds are blowing and what it takes to "shock the conscience" of the courts. This juicy little bauble does just that. Prisoner De La Paz suffered from urinary and bowel incontinence because of a ...

United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya)
United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse)

Both of these cases deal with some of the knotty issues that flow from the legislative mandate that restitution be required in a greater number of ...

United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya)
United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse)

Both of these cases deal with some of the knotty issues that flow from the legislative mandate that restitution be required in a greater number of ...

Case affirmed the use of evidence to show prior sexual misconduct of defendant under Rule 414, but held that such evidence is subject to balancing test of Rule 403.

This case presents a detailed history of the purposes of, and legislative intent behind, Rule 414. It emphasized that no time ...

Quote of the Week - Hearing the voices of those banished from society.

" ‘The methods we employ in the enforcement of our criminal law have aptly been called the measures by which the quality of our civilization may be judged.' . . . Those whom we would banish from ...

Court agreed with the district court's assessment that "the intricacy and sophistication of [the defendant's] scheme were substantially in excess of the typcial fraud case that involves 'more than minimal planning'.".

Case held that the extraordinary complexity of a defendant's fraud can constitute a basis for an upward departure if ...

Quote from Justice Brennan in which he complained that those we would banish from society often sepak in too faint a voice to be heard above society's demand for punishment.

Quote of the Week - Hearing the voices of those banished from society.

" ‘The methods we employ in the ...

Here the Court affirmed an enhancement under USSG § 2F1.1(b)(4)(A) (formerly codified as § 2F1.1(b)(3)(A)), holding that the phrase "acting on behalf of a government agency" applies to false representations that the defendant was acting on behalf of a foreign government.

Case affirmed an enhancement under USSG § 2F1.1(b)(4)(A), holding ...

Case held that a preacher was entrapped as a matter of law, holding the Government had attempted to turn two harmless, though weak, foolish and greedy men into felons.

The Government continues to flaunt the Supreme Court's warning in Jacobson v. U.S., 503 U.S. 540, 551 (1992) that "[w]hen the ...

United States v. Vaknin, 112 F.3d 579 (1st Cir. 1997) (Judge Selya)
United States v. Berardini, 112 F.3d 606 (2nd Cir. 1997) (Judge Kearse)

Both of these cases deal with some of the knotty issues that flow from the legislative mandate that restitution be required in a greater number of ...

This case is noted for its extended discussion of the admissibility of expert testimony to establish a "compulsive gambling disorder defense." Before trial, the Government moved to preclude the use of such testimony, citing a list of cases that have precluded the use of such a defense in criminal trials. ...

Case held that the enhancement contained in § 2F1.1(b)(4)(B) [formely codified at § 2F1.1(n)(3)(B)] was intended to apply to defendants who have demonstrated a heightened mens rea by violating a prior "judicial or administrative order, decree, injunction or process. Were an enhancement to be predicated on the the ground that ...

Case held that under Daubert a doctor should have been permitted to testify that the defendant suffered from a compulsive gambling disorder.

This case is noted for its extended discussion of the admissibility of expert testimony to establish a "compulsive gambling disorder defense." Before trial, the Government moved to preclude ...

Case held that Government deprived property owner of due process through its ex parte seizure of property under civil forfeiture statute where there were no exigent circumstances to warrant ex parte seizure.

Court vacated a conviction based on fatal variance between indictment and evidence as to when the crime was committed.

The defendant in this case was indicted on the grounds that "on or between June 1992 and July 1992" he engaged in abusive sexual contact with a minor. After his conviction, ...