The law says that anyone who uses or carries a firearm during and in relation to a crime of violence shall be sentenced to a mandatory term of imprisonment of five years, in addition to whatever punishment is provided for the crime of violence. It also says that "in the ...

Court held that defendant's payment of co-conspirator's cash bond had an effect on interstate commerce and was a financial transaction within the meaning of the money laundering statute.

United States v. Lewis, 113 F.3d 487 (3rd Cir. 1997) (Judge Greenberg)
United States v. Longoria, 113 F.3d 975 (9th Cir. 1997) (Judge Schwarzer)

In order to be convicted of a drug crime, does the defendant have the right to know what type of drug he is accused of possessing ...

Although bail release form only warned defendant that the result of commision of a new crime while on release "could be" a mandatory sentence, that was held to be sufficient notice of the penalty.

Government thought control? You decide. Earlier this year a panel of Fifth Circuit judges wrote a decision, originally reported at 103 F.3d 1207 (5th Cir. 1997) ("Bradfield I"), in which it discussed at length the dangers of letting a jury hear testimony from compensated witnesses. The Court noted that until ...

Here, despite conceding that law enforcement officers had made deliberate misrepresentations in their efforts to convict the plaintiff, they were entitled to qualified immunity due to a lack of proof that the statements were material.

Sherwood v. Mulvahill, 113 F.3d 396 (3rd Cir. 1997) (Judge Seitz)
White v. Tamlyn, 961 ...

One of the issues explored in this case was whether the district court had committed error by refusing to give a requested "missing witness instruction" to the jury. The defendant, charged with three separate drug sales, argued that he had been induced by a Government informant (who was cooperating with ...

The decision in this case was replaced by the Court's subsequent ruling reported at 122 F.3d 720; and that decision was ultimately vacated by the Court's en banc ruling reported at 151 F.3d 970.

In this case the Court identified four factors as particularly salient in determining whether a conspiracy existed, and whether a defendant knowingly participated in it: (1) the length of the affiliation; (2) the established method of payment; (3) the extent to which the transactions were standarized; and (4) the demonstrated ...

This case is noted because of its extended discussion of the "justification defense." The defendant was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). At trial, he took the stand and attempted to offer a justification defense based on the fact ...

Court reversed a conviction where indictment charged use of both cocaine and heroin, defendant only admitted to use of cocaine, and court failed to determine that he understood he was charged with both drugs.

United States v. Lewis, 113 F.3d 487 (3rd Cir. 1997) (Judge Greenberg)
United States v. Longoria, ...

The interesting issue raised in this case was whether the district court had abused its discretion when it denied defendant's motion for appointment of substitute counsel without first conducting an inquiry into defendant's allegation that his attorney had coerced him into entering a guilty plea. The defendant pled guilty to ...

Here the Ninth Circuit agreed with the defendant's claim that he had not knowingly and voluntarily waived his right to a jury trial due to his limited understanding of English, a waiver form printed solely in English and other similar factors.

In view of the ease with which the Government ...

Although the Court affirmed the defendant's conviction, the Court did reject the Government's argument that the illegal nature of the defendant's activities made any expectation of privacy regarding his premises unreasonable.

United States v. Fields, 113 F.3d 313 (2nd Cir. 1997) (Judge Cardamone)
United States v. Khounsavanh, 113 F.3d 279 ...

In 1990, Congress enacted certain amendments to 18 U.S.C. § 3621 requiring the Bureau of Prisons to give every Federal prisoner with a substance abuse problem the opportunity to participate in a drug treatment program while in prison. In order to encourage prisoners to seek treatment, § 3621(e)(2)(B) gave the ...

United States v. Khounsavanh, 113 F.3d 279 (1st Cir. 1997) (Judge Bownes)
United States v. Fields, 113 F.3d 313 (2nd Cir. 1997) (Judge Cardamone)

Sadly, the unrelenting assault on the Fourth Amendment has left us little choice but to take small solace out of dicta from the Courts' decisions. In ...

Here the Sixth Circuit disagreed with the Second Circuits ruling in U.S. v. Masterpol, 940 F.2d 760 (2nd Cir. 1991) that the enactment of new witness protection laws in 1982 and 1988 requires the Government to prosecute witness tampering under 18 U.S.C. § 1512, rather than 18 U.S.C. § 1503. ...

Case held that obstruction of justice enhancement was proper where defendant pled guilty and then attenpted to impede prosecution of his codefendant for same offenses by falsely testifying that codefendant was not onvolved in those crimes.

Court affirmed imposition of $25,000 fine even though evidence "suggested" defendant's inability to pay fine.

One of the issues raised in this case was whether the district court erred when it imposed a fine of $25,000 on the defendant, despite the facts that the presentence report concluded that he was ...

Sherwood v. Mulvahill, 113 F.3d 396 (3rd Cir. 1997) (Judge Seitz)
White v. Tamlyn, 961 F.Supp. 1047 (E.D.Mich 1997) (Judge Gadola)

Both of these cases involved claims for damages arising out of knowing and deliberate misrepresentations (that were conceded!) by law enforcement officers in documents they prepared as part of ...