Search warrant invalid due to omissions and misleading statements in supporting affidavit.

This is one of those rare search warrant cases (although typical for Judge Reinhardt) in which the Court reversed a drug conviction because the district court (Judge Unpingo) erroneously refused to suppress evidence that derived from an invalid …

Here the court rejected a claim that because the defendant's employment was "strikingly meritorious" he was entitled to a downward departure. See also U.S. v. Stefonek, 179 F.3d 1030, 1038 (7th Cir. 1999), where the Court cautioned that the Guidelines do not permit district courts to grant "middle class sentencing …

This is one of the more interesting of the many recent cases that have ruled on the controversial question of whether a district court has the authority to grant a downward departure based on the Sentencing Commission's own admission that the existing 100 to 1 crack/cocaine sentencing disparity is unfair. …

United States v. Taylor, 122 F.3d 685 (8th Cir. 1997) (Judge Gibson)
United States v. Wofford, 122 F.3d 787 (9th Cir. 1997) (Judge O’Scannlain)

As growing hordes of ex-cons are released from prison each year upon completion of their sentences, the Government's messianic zeal of putting them back in by …

Case held that use of relevant conduct for uncharged crimes is not permitted unless they are similar in nature and temporally proximate.

Case is noted for Judge DeMoss' "specially concurring" opinion in which he explains why he feels this holding in in conflict with U.S. v. Lopez.

Court rejected the Government's argument that the defendant's prior sexual conduct was "inextricably intertwined" with the crime charged and that it was similar in kind and proximate in time - ruling that those reasons would not overcome the substantial prejudicial impact of such testimony.

Court vacated conviction for possession of …

United States v. Farrish, 122 F.3d 146 (2nd Cir. 1997) (Judge Cabranes)
United States v. Miles, 122 F.3d 235 (5th Cir. 1997) (Per Curiam)

The debate over the scope and impact of the Supreme Court's decision in U.S. v. Lopez, 514 U.S. 549 (1995) continues. In Lopez, the Court ruled …

Although the Court affirmed that a conviction under § 924(c) could be justified based on the Pinkerton doctrine of co-conspirator liability, it reversed the conviction here based on the factual record of this case.

Successful Bailey-type appeal of 924(c) gun conviction.

This week, our Hard-Nosed Judge of the Week Award goes to Judge George W. Lindberg of the Northern District of Illinois. In sentencing the two defendants in this case for conspiring to distribute a single load of marijuana, he included in his quantity calculations for sentencing purposes (a) a shipment …

Here the Government agents gave the defendant an inoperable, unloaded gun in the place of currency and then attempted to convict him for the crime of using or carrying a gun during and in relation to a drug trafficking offense - even though he held the inoperable gun just momentarily …

Court held that defendants failed to establish bases for reliance-on-advice and good faith defenses to tax crimes alleged.

In this case, the court held that "it is apparent . . . that the new law alters the district court's power to order deportation." That law gives the immigration judge sole authority to determine whether to deport and alien and it eliminates any jurisdiction that the district courts enjoyed …

United States v. Taylor, 122 F.3d 685 (8th Cir. 1997) (Judge Gibson)
United States v. Wofford, 122 F.3d 787 (9th Cir. 1997) (Judge O’Scannlain)

As growing hordes of ex-cons are released from prison each year upon completion of their sentences, the Government's messianic zeal of putting them back in by …

This decision raises an important restitution issue that is often overlooked, in part because of the erroneous belief that objections about restitution should be deferred until the defendant is released from prison and in part because trial counsel is often unprepared to deal with the ever-changing intricacies of the restitution …

Court held that reversal of convictions also operated to vacate forfeitures ordered on the basis of such convictions.

Among the notable holdings in this case was a conclusion that "The fee provisions of the PLRA, in a sense, level the playing field between incarcerated I.f.p. litigants and other litigants in the federal courts." (Id., at 291).

Case held that the filing fee provisions of the PLRA do not …

Here the Court held that under Rule 33, a court may grant a motion for new trial on one of two grounds. First a court may grant a new trial "in the interest of justice" if the motion is filed "within 7 days after verdict or finding of guilty or …

Enhancement permitted only if requisite intent occurs contemporaneously with or after the threat.

The defendant in this case was convicted to making interstate threats in violation of 18 U.S.C. § 875(c); and, at sentencing, the district court (Judge Pooler) imposed a six level sentencing enhancement pursuant to the provisions of …

Case held that conviction under both RICO and Continuing Criminal Enterprise statutes did not violate the Double Jeopardy Clause.

United States v. Farrish, 122 F.3d 146 (2nd Cir. 1997) (Judge Cabranes)
United States v. Miles, 122 F.3d 235 (5th Cir. 1997) (Per Curiam)

The debate over the scope and impact of the Supreme Court's decision in U.S. v. Lopez, 514 U.S. 549 (1995) continues. In Lopez, the Court ruled …

Here the Third Circuit held that a Bureau of Prisons program statement may not define the words "nonviolent offense" in section 3621(e)(2)(B) to include offenses for which a sentencing court imposes a two-level firearms enhancement. The Court reasoned that since section 3621(e)(2)(B)'s unambiguous language permits consideration only of a crime's …

Court rejected expansion of enhancement to a type of "leadership role" that was not supported by a "real and direct" influence.

In this case, the Seventh Circuit reversed four convictions because the district court's (Judge Alesia) standard procedures for allowing defendants to exercise their peremptory challenges were so confusing and so misleading that they effectively denied the defendants their right to intelligently exercise their peremptory challenges. While it is difficult to …

Court approved sentencing package theory to permit revision of original sentence after Bailey appeal.

United States v. Thompson, 122 F.3d 304 (5th Cir. 1997) (Per Curiam)
United States v. Handa, 122 F.3d 690 (9th Cir. 1997) (Judge Noonan)

These two gun conviction cases raise a variety of issues that keep …

Court held that implied consent to mistrial does not bar reprosecution.

Case concluded that it was bound by a State court's finding of juror impartiality and declined to grant any habeas corpus relief; but this decision was reversed by an en banc decision reported at 151 F.3d 970 (9th Cir. 1998).

Fifth Amendment self-incrimination privilege inapplicable at sentencing.

Sometimes is seems that there is no limit to the creative ingenuity that goes into the relentless assault on once sacrosanct provisions of the Constitution - and this is such a case. The issue here was whether a defendant who pleads guilty retains …

Hobbs Act conviction requires only minimal effect on Interstate Commerce.

United States v. Thompson, 122 F.3d 304 (5th Cir. 1997) (Per Curiam)
United States v. Handa, 122 F.3d 690 (9th Cir. 1997) (Judge Noonan)

These two gun conviction cases raise a variety of issues that keep recurring on the heels of the Supreme Court's decision in Bailey v. U.S., 133 …

The Court noted that "the disintegration of existing family life or relationships is insufficient to warrant a departure." (Id., at 474).

Here the Court rejected downward departure based on fact that defendant, a single parent, had three small children, and it listed decisions from other circuits in accord; but see …

The Court relied heavily on its earlier decision in U.S. v. Twine, 853 F.2d 676 (9th Cir. 1988) where the Court held that "showing of an intent to threaten, required by §§ 875(c) and 876, is a showing of specific intent.".

In this case the Ninth Circuit affirms its precedent …

This case, which involved an appeal of a gun conviction under 18 U.S.C. § 924(c), raises another variant of one of the Government's most important goals in plea agreements - making sure that the defendant never appeals his conviction or his sentence. Here, after four days of trial, the defendants …

This decision raises an important restitution issue that is often overlooked, in part because of the erroneous belief that objections about restitution should be deferred until the defendant is released from prison and in part because trial counsel is often unprepared to deal with the ever-changing intricacies of the restitution …

District court can modify original sentence following successful Bailey-type appeal.

Court rejected use of U.S.S.G. § 2X1.1 because bank fraud was substantially complete at the time of defendant's arrest.