Towards the end of her decision in which she threw out the results of an FBI inventory search, Judge Scheindlin quoted from a recent article in the Journal of Criminal Justice in which the author astutely observed that: "The inventory search has evolved into the police officer's ‘golden parachute' - ...

This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly ordered restitution constitutes an illegal sentence amounting to plain error." (Id., at 15). While that principle has been ...

The Court stated: "Focusing on the economic reality of the situation in its entirety, we conclude that [a pretrial detainee] is not an 'employee' under the FLSA. The purpose of the FLSA is to protect the standard of living and general well-being of the American worker. Because the correctional facility ...

This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly ordered restitution constitutes an illegal sentence amounting to plain error." (Id., at 15). While that principle has been ...

Quote from Judge Kozinski about how our pretended solicitude for the rights of criminal defendants is often violated by blindly following apocryphal evidentiary doctrines and rules of thumb.

Quote of the Week - Our pretended solicitude for the rights of criminal defendants.

Judge Kozinski once observed that the rules that ...

Among the many issues raised on this appeal, one dealt with a rarely cited provision of the Speedy Trial Act. One of the defendant's argued that his rights under the Speedy Trial Act were violated when the court disqualified his counsel due to a conflict of interest and then failed ...

United States v. Cazares, 112 F.3d 1391 (9th Cir. 1997) (Judge Schwarzer)
Lee v. United States, 113 F.3d 73 (7th Cir. 1997) (Judge Evans)
United States v. Harrison, 113 F.3d 135 (8th Cir. 1997) (Judge Fagg)

The backwash from Bailey v. U.S., 133 L.Ed.2d 472 (1995) continues to flood the ...

Here the Court vacated a "gun bump" enhancement under USSG § 2D1.1(b)(1) based on constructive possession, stating that it was "pure speculation" whether the defendant ever had possession or dominion over the firearms.

United States v. Cazares, 112 F.3d 1391 (9th Cir. 1997) (Judge Schwarzer)
Lee v. United States, 113 ...

This case deals with two frequently litigated restitution issues. First, the Court emphatically affirmed that a failure to object to a restitutionary order is not a bar to appellate review "because improperly ordered restitution constitutes an illegal sentence amounting to plain error." (Id., at 15). While that principle has been ...

This important decision presents a revealing (and depressing) portrait of the plight of the growing number of Hispanic prisoners housed in our country's prisons and jails. While the case focuses on the living conditions at the eight prisons operated by the District of Columbia (which house some 9,000 prisoners), it ...

Here the Court rejected the Government's claim that the defendant, by pleading guilty, had waived his right to appeal, bit it also ruled that in such a case the original indictment came back to life and the case should go to trial.

In this case the defendant pled guilty to ...

Here the Court held that the defendant had the right to seek to withdraw his plea based on the Supreme Court's decision in Bailey v. U.S., but held that in such a case the original indictment came back to life and the case should go to trial.

United States v. ...

Here the Court stated: "Because an abuse of public trust and the disruption of a governmental function are analytically distinct, a sentencing court can apply sections 3B1.3 and 5K2.7 simultaneously. See, e.g., United States v. Sarault, 975 F.2d 17, 22 (1st Cir.1992) (affirming a district court's application of §§ 5K2.7 ...

Here, Judge Lay, in a concurring opinion, concluded that the PLRA, by means of § 1915(e)(2), now requires
the sua sponte dismissal of complaints filed by IFP litigants when the litigant fails to state a claim. He stated that the new § 1915(e)(2) does not allow for an opportunity to ...

In a ruling that shows the insantity of the sentencing by the numbers scheme of the Guidelines, it took a Circuit court to reject a sentence enhancement based on vulnerable victims where the "victims" were skeleton bones of a prehistoric Anasazi.

Here the Court held that although mail fraud and tax evasion convictions did not cause "substantially the same harm", they must be grouped because the mail fraud "embodies conduct that is treated as a specifice offense characteristic of tax evasion".

This case helps to make some sense out of the ...

Case held that there is no age limit on domestic aggravated felonies that could be considered for purposes of applying 16-level ehnancement if defendant was deported after having been convicted of aggravated felony.

Court held that defendants had not waived their rights to contest the differences between L- and D-type methamphetamine and vacated sentence based on more severe type of methamphetamine where no proof was presented as to type.

Although the Guidelines were amended in 1995 to eliminate the distinction between L- and ...

Here the Court vacated a "gun bump" enhancement under USSG § 2D1.1(b)(1) based on constructive possession, stating that it was "pure speculation" whether the defendant ever had possession or dominion over the firearms.

United States v. Cazares, 112 F.3d 1391 (9th Cir. 1997) (Judge Schwarzer)
Lee v. United States, 113 ...

Case held that that when a defendant challenges one of at least two interdependent sentences, the district court can re-sentence on the counts not appealed because the defendant "has effectively challenged interwoven sentencing plan.".

United States v. Cazares, 112 F.3d 1391 (9th Cir. 1997) (Judge Schwarzer)
Lee v. United States, ...

The defendant in this case was arrested by Federal agents while he was giving a deposition in California; and he was held without bail pending a decision by the French government whether to request his surrender at a later date. The sole basis for the arrest warrant that was sought ...