Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams)
Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997) (Judge Kravitch)
Both of these cases address an important prison litigation issue: Do the provisions of the Federal Rehabilitation Act of 1973 (RA) ...
Case rejected sentencing departure based on aberrant behavior because crime was not single, spontaneous thoughtless act.
United States v. Colace, 126 F.3d 1229 (9th Cir. 1997)
United States v. Bush, 126 F.3d 1298 (11th Cir. 1997)
United States v. Onofre-Segarra, 126 F.3d 1308 (11th Cir. 1997)
These three cases explore ...
Court held that while "proximity" and "accessibility" are not proper considerations for the "use" prong of Sec. 924(c), they can help to support a conviction for "carrying" a firearm in violation of that statute.
Here the Court stated that proof of a defendant's proximity to or accessibility of a firearm, ...
Court reversed decision dismissing second indictment for prosecutorial vindictiveness.
This is a noteworthy decision involving prosecutorial vindictiveness. The defendant, boxing promoter Don King, was indicted on nine counts of wire fraud in connection with an allegedly false insurance claim. After three days of deliberation, following a long trial, the jury ...
But see Napier v. U.S., 159 F.3d 956 (6th Cir. 1998) where that Court held that constructive possession would be sufficient to sustain a convictiuon under § 924(c)(1); and see U.S. v. Garth, 188 F.3d 99 (3rd Cir. 1999) where that court recognized the Circuit split, but refused to take ...
See Massiah v. U.S., 377 U.S. 201 (1964) and Maine v. Moulton, 474 U.S. 159 (1985).
Case held that the Sixth Amendment right to counsel extends to interrogations on new charges where the pending charge is inextricably intertwined with the charge under investigation.
The defendant here, a former letter carrier for the U.S. Postal Service, pled guilty to mail theft and credit card fraud; and her Guidelines' sentencing range was 12 to 18 months. At sentencing, the district court (Judge Horton) sua sponte voiced concern with the Guidelines' treatment of "relatively minor white ...
This is an important (but horrifying) prison litigation case that says a lot about the level of medical care in our prisons. The case involves a damage claim by a prisoner against a prison doctor for mistreatment of an ear infection. After a "simple exam", the doctor diagnosed the ailment ...
Here the Court rejected a departure based on "aberrant conduct", holding that departures based on such a ground are permissble only when the defendant has committed a "single, spontaneous, thoughtless act".
United States v. Colace, 126 F.3d 1229 (9th Cir. 1997)
United States v. Bush, 126 F.3d 1298 (11th Cir. ...
Defendant has a right to be present when verdict is imposed even following jury trial.
The defendant in this case waived his right to a jury trial and, accordingly, was tried at a bench trial before District Judge Larimer. When the bench trial was completed, the Judge announced that he ...
Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams)
Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997) (Judge Kravitch)
Both of these cases address an important prison litigation issue: Do the provisions of the Federal Rehabilitation Act of 1973 (RA) ...
This is an important (but horrifying) prison litigation case that says a lot about the level of medical care in our prisons. The case involves a damage claim by a prisoner against a prison doctor for mistreatment of an ear infection. After a "simple exam", the doctor diagnosed the ailment ...
United States v. Bowen, 127 F.3d 9 (1st Cir. 1997) (Judge Torruella)
United States v. Johnson, 976 F.Supp. 284 (D.Del. 1997) (Judge Schwartz)
Due to the advent of the Guidelines' Drug Equivalency Tables, and its propensity for fracturing different types of drugs into chemical compounds that the average layman could ...
United States v. Bowen, 127 F.3d 9 (1st Cir. 1997) (Judge Torruella)
United States v. Johnson, 976 F.Supp. 284 (D.Del. 1997) (Judge Schwartz)
Due to the advent of the Guidelines' Drug Equivalency Tables, and its propensity for fracturing different types of drugs into chemical compounds that the average layman could ...
Case reviewed legislative history of 18 U.S.C. § 3553 and concludes that sentencing courts are not required to follow advisory policy statements of Guidelines when imposing sentences for violations of supervised release.
Case reviews legislative history of laws and Guideline policy statements dealing with revocation of supervised release.
Case reviewed legislative history of 18 U.S.C. § 3553 and concludes that sentencing courts are not required to follow advisory policy statements of Guidelines when imposing sentences for violations of supervised release.
Case reviews legislative history of laws and Guideline policy statements dealing with revocation of supervised release.
Amos v. Md. Dept. Of Public Safety & Corr. Services, 126 F.3d 589 (4th Cir. 1997) (Judge Williams)
Onishea v. Hopper, 126 F.3d 1323 (11th Cir. 1997) (Judge Kravitch)
Both of these cases address an important prison litigation issue: Do the provisions of the Federal Rehabilitation Act of 1973 (RA) ...
United States v. Roy, 126 F.3d 953 (7th Cir. 1997)
United States v. Gray, 126 F.3d 1109 (8th Cir. 1997)
Ever vigilant in its role of ridding the streets of America of undesirable persons, the Federal Sentencing Guidelines have devised a unique and extraordinarily complex "by-the-numbers" method of making sure ...
United States v. Colace, 126 F.3d 1229 (9th Cir. 1997)
United States v. Bush, 126 F.3d 1298 (11th Cir. 1997)
United States v. Onofre-Segarra, 126 F.3d 1308 (11th Cir. 1997)
These three cases explore the propriety of sentencing departures based on a defendant's claim that his crime was the result ...
The issue before the Court in this case was whether prior criminal conduct that is both uncharged and dissimilar can properly form the basis for a criminal history departure under U.S.S.G. § 4A1.3. That section permits the sentencing court to increase a defendant's sentence "if reliable information indicates that the ...
United States v. Roy, 126 F.3d 953 (7th Cir. 1997)
United States v. Gray, 126 F.3d 1109 (8th Cir. 1997)
Ever vigilant in its role of ridding the streets of America of undesirable persons, the Federal Sentencing Guidelines have devised a unique and extraordinarily complex "by-the-numbers" method of making sure ...
The Ruby Ridge case keeps coming back to haunt the Government and its trigger-happy law enforcement agents. In that case, a swarm of Federal Marshals and FBI officials and agents entered Randall Weaver's property in 1992 for the ostensible purpose of serving him with an arrest warrant. Gunfire almost immediately ...
Court reversed decision dismissing second indictment for prosecutorial vindictiveness.
This case is also noted because it discusses the circumstances under which a district court may modify a sentence that was orally imposed without running afoul of the provisions of Rule 35 of the Fed.R.Crim.P. In this case, the district court (Judge Real) twice sentenced the defendant to a term ...
Limitation on counsel's right to confer with incarcerated defendant/client constitutes a violation of the defendant's constitutional right to counsel.
At the completion of his first day of cross-examination, the petitioner/defendant in this case was ordered by the State court judge not to discuss substantive matters with his attorney during the ...
In last week's issue, we reported on a case, Borrego v. U.S., 975 F.Supp. 520 (S.D.N.Y. 1997), which suggested that the provisions of 18 U.S.C. § 3583(e) impose some absolute limits on the combined amount of time that a defendant may serve in prison for his original crime and for ...
Case held that a district court cannot rest a departure solely upon a disparity deliberately created by the Sentencing Commission that is not a result of atypical circumstances.
