After the defendant in this case was convicted of various drug crimes, he sought post-conviction relief on the unusual grounds that the prosecutor was without authority to represent the United States. The case was prosecuted by a Deputy District Attorney in the County of Sacramento who, from time to time, ...
Whenever prosecutors use witnesses who have received or hope to receive reduced sentences for substantial assistance, they attempt to imply that the truthfulness of those witnesses has been established and verified beyond doubt. This instructive case is noted because it is one of those rare cases in which a conviction ...
In our issue dated June 9, 1997 (Vol. 4, No. 23), we first discussed this case in which Judge Karlton dismissed a conviction on the grounds that the appointment of a local district attorney to serve as a Special Assistant United States Attorney was invalid; and therefore when he prosecuted ...
Case is noted for its listing of decisions affirming the validity of appeal waiver provisions.
United States v. Rosa, 123 F.3d 94 (2nd Cir. 1997) (Judge Oakes)
United States v. Wolley, 123 F.3d 627 (7th Cir. 1997) (Judge Coffey)
Both of these decisions address the validity of the appeal waiver ...
Walters v. McCormick, 122 F.3d 1172 (9th Cir. 1997) (Judge Farris)
Franklin v. Henry, 122 F.3d 1270 (9th Cir. 1997) (Judge Noonan)
Both of these cases deal with child molestation crimes - crimes that are unspeakably horrid - but crimes that should not let us ignore the constitutional rights of ...
Court rejected a broad array of constitutional challenges to the Hobbs Act.
Citing its decision in U.S. v. Atcheson, 94 F.3d 1237 (9th Cir. 1996), the Court stated: "Lopez's "substantially
affects" test is not applicable to the Hobbs Act, we explained, because the Lopez test was developed "to define the extent of Congress's power over purely intrastate commercial activities that nonetheless have ...
Case held that a broad appeal waiver provision, under which the defendant agreed to waive all appeals provided the sentence was within of below whatever sentencing range the court fround applicable, presented "grave dangers.".
United States v. Rosa, 123 F.3d 94 (2nd Cir. 1997) (Judge Oakes)
United States v. Wolley, ...
No right to counsel upon filing of criminal complaint.
The assault on the U.S. Constitution continues. Last week we noted that, in U.S. v. Mitchell, 122 F.3d 185 (3rd Cir. 1997), the Third Circuit ruled that the Fifth Amendment privilege against self-incrimination does not apply to sentencing hearings. This week, ...
Here the Court rejected a series of extraordinary departures based on acceptance of responsibility, primarily because the defendants agreed to plead guilty shortly before trial, saving the court an "immense load" of time, money and resources.
The defendants in this case were charged with a series of drug and tax ...
Case held that prison officials who conducted strip search had reasonable grounds and were entitled to qualified immunity in suit for damages.
Case held that seven day bread diet stated a claim under § 1983 as cruel and unusual punishment under the Eighth Amendment.
The defendant in this case was convicted of conspiring to commit securities fraud, arising out of insider trading in several stocks based on information he learned as a tippee. On appeal, he raised several issues, one of which was a challenge to the Second Circuit's long established and controversial "misappropriation ...
Here the Court held that district courts do not have subject-matter jurisdiction to review the ATF's refusal to investigate or act upon applications for restoration of firearms privileges for convicted felons.
For a contrary view, see Rice v. U.S., 68 F.3d 702 (3rd Cir. 1995).
No right to counsel upon filing of criminal complaint.
QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in plea agreements.
Unquestionably, appeal waivers are fraught with peril and risk for the defendants. The Government's superior bargaining position enables it to adopt a tough "take-it-or-leave-it" attitude that interdicts any negotiation; and if the defendant refuses ...
A collection of thoughts of the validity of waivers of rights of appeal in plea agreements.
QUOTE OF THE WEEK - Some thoughts on waivers of rights of appeal in plea agreements.
Unquestionably, appeal waivers are fraught with peril and risk for the defendants. The Government's superior bargaining position enables ...
In this case the Ninth Circuit reversed a conviction because it found that the district court (Judge Stotler) had abused her discretion when she granted the jury a 48-day recess near the end of a lengthy trial to accommodate the jurors' vacation plans. Calling that recess "unprecedented", the Court ruled ...
This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under U.S.S.G. § 4A1.3. Here, the defendant, aged 64, pled guilty to one count of distribution of cocaine in violation of 18 U.S.C. § 841(a)(1). His normal Guideline sentencing range would ...
Court discussed, at note 6, availability of departure based on defendant's physical condition.
This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under U.S.S.G. § 4A1.3. Here, the defendant, aged 64, pled guilty to one count of distribution of cocaine ...
Court discussed, at note 6, availability of departure based on defendant's age.
This is an important Sentencing Guidelines departure case which deals principally with departures from the Career Offender status created under U.S.S.G. § 4A1.3. Here, the defendant, aged 64, pled guilty to one count of distribution of cocaine in ...
Over the strong dissent of Judge Noonan, the Court held it was proper to admit the testimony of a child victim even though there were serious questions about her ability to recognize the truth.
Walters v. McCormick, 122 F.3d 1172 (9th Cir. 1997) (Judge Farris)
Franklin v. Henry, 122 F.3d ...
One of the Guideline issues explored in this case was the enhancement for abuse of a position of trust under U.S.S.G. § 3B1.1; and the case is another indication that, depending on who the defendant is, the courts have a great deal of discretion in deciding whether that enhancement is ...
