In this case, the Government brought a series of indictments against a group of defendants charged with participating in a fraud against a medical malpractice insurer. Those indictments listed different factual bases for the crimes charged; and in the instant case the district court (Judge Sear) found that the Government ...
The defendant in this case was convicted of one count of possession of child pornography in violation of 18 U.S.C. § 2252(a)(4); and his Guideline sentencing range was 12 to 18 months. At sentencing, the district court (Judge Davis) concluded that the defendant was not a typical child predator and ...
Case held that defendant's family circumstances - that he was sole support for two children who, in his absence would be cared for by an alleged drug abuser and his diabetic mother - were not so unusual as to warrant a downward departure.
In this fascinating prison case, the petitioner presented numerous pieces of evidence that prison officials had conspired to manufacture evidence that he had committed a murder while in prison. The lower court refused to grant a Writ of Habeas Corpus because it concluded that the petitioner had not shown "cause" ...
On April 17, 1996, a Federal Grand Jury returned a one-count indictment against the defendant in this case, charging him with unlawful presence in the United States after a previous felony conviction in violation of 8 U.S.C. § 1326(a)(B)(1). On January 17, 1997, some 270 days later, the defendant was ...
The defendant in this case, a Black, was targeted for a search at an airport by one of the thousands of drug interdicton squads that are rapidly becoming an integral part of our culture and heritage. During the ensuing search, cocaine was discovered in the defendant's bags and he was ...
United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne)
United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam)
United States v. Pelensky, 129 F.3d 63 (2nd Cir. 1997) (Judge Cabranes)
The cases dealing with revocation of supervised release continue to rain down in flood-like ...
United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne)
United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam)
United States v. Pelensky, 129 F.3d 63 (2nd Cir. 1997) (Judge Cabranes)
The cases dealing with revocation of supervised release continue to rain down in flood-like ...
United States v. Withers, 128 F.3d 1167 (7th Cir. 1997) (Judge Kanne)
United States v. Patterson, 128 F.3d 1259 (8th Cir. 1997) (Per Curiam)
United States v. Pelensky, 129 F.3d 63 (2nd Cir. 1997) (Judge Cabranes)
The cases dealing with revocation of supervised release continue to rain down in flood-like ...
Case held that for purposes of determining whether a prisoner suffered atypical and significant hardships, the claim must be evaluated by comparing conditions with the State's entire prison system, not just the inmate's individual prison.
The Court wrote "Where we have concluded that 'if the case were remanded the trial judge could reinstate the same sentence', we have upheld the defendant's sentence although the district court's stated reasons for departing evidence a mistaken application of the Sentencing Guidelines." (Id., at 869).
[Editor's Note: But see ...
QUOTE OF THE WEEK - The "unconscious racism" syndrom that prevails in America.
In recent times, there probably has been no more thought-provoking judicial analysis of the "unconscious racism" that exists in our society than the exposition made by Judge Cahill in his masterful decision in U.S. v. Clary, 846 ...
After defendant's motion for suppression of evidence was denied, she offered to enter a conditional guilty plea; and when the Government refused to accept that plea, she then agreed to a bench trial on stipulated facts. At sentencing, she argued that this was the "functional equivalent of a guilty plea" ...
The facts in this outrageous witness intimidation case are complex but important. The defendant was first indicted on drug and money laundering charges on July 7, 1995 and his trial began on September 11, 1995. In the brief two-month period between those dates a lot happened. On July 11, defense ...
In this case the Government argued that defense counsel had been negligent in failing to subpoena the witness in question eariler, since a month before counsel requested the subpoena the Government had notified the defense that the witness had given "false exculpatory testimony" when he appeared before a grand jury. ...
Case rejected defense argument that VAWA violated Congress' power under the Commerce Clause. "Crossing state lines is interstate commerce regardless of whether any commercial activity is involved.".
The defendant in this case pled guilty to trafficking in cloned cellular telephones in violation of 18 U.S.C. § 1029(a)(5); and on appeal the principal issue was an order of restitution under the Mandatory Victims Restitution Act of 1996 (18 U.S.C. § 3663A(a)(1)) (MVRA). The defendant contended that applying the ...
Here the Government presented no direct evidence that the defendant cased any mailings - relying instead solely on circumstantial evidence. While the Court agreed that sometimes circumstantial evidence will suffice, nevertheless the Government must prove every element of a crime beyond a reasonable doubt. The Court found that ther evidence ...
United States v. Williams, 128 F.3d 1128 (7th Cir. 1997) (Judge Kanne)
United States v. Cardoza, 129 F.3d 6 (1st Cir. 1997) (Judge Bownes)
Here are two more cases that show the Government's fear of an armed (non-Government) populace; and the extremes to which the courts will go to enforce ...
Here the Court held that if a prisoner filed a § 2255 petition prior to the AEDPA's effective date, then lost on the merits, a subsequent § 2255 petition filed after the AEDPA's effective date, must meet the new rules regarding successive petitions.
One of the issues raised in this ...
Case noted that some Circuits have ruled that the failure to furnish a trial transcript may constitute "cause", while others have reached the opposite conclusion.
State's long delay in providing transcripts to petitioner did not constitute "cause" excusing procedural default under State statute for timely filing of habeas appeal.
Sale of alcohol to a minor, for which the defendant received a $340 fine, is not excludable from Criminal History Category as a "similar" crime as used in Sec. 4A1.2(c)(1). Case also explores different approaches of other circuits.
Case explores meaning of "similar" offenses that are excludable from Criminal History ...
United States v. Weekly, 128 F.3d 1198 (8th Cir. 1997) (Per Curiam)
United States v. Washman, 128 F.3d 1305 (9th Cir. 1997) (Judge Molloy)
In 1994, Congress enacted the so-called "safety valve" statute (18 U.S.C. § 3553(f)) "to ensure that mandatory minimum sentences are targeted toward relatively more serious conduct." ...
United States v. Williams, 128 F.3d 1128 (7th Cir. 1997) (Judge Kanne)
United States v. Cardoza, 129 F.3d 6 (1st Cir. 1997) (Judge Bownes)
Here are two more cases that show the Government's fear of an armed (non-Government) populace; and the extremes to which the courts will go to enforce ...
United States v. Weekly, 128 F.3d 1198 (8th Cir. 1997) (Per Curiam)
United States v. Washman, 128 F.3d 1305 (9th Cir. 1997) (Judge Molloy)
In 1994, Congress enacted the so-called "safety valve" statute (18 U.S.C. § 3553(f)) "to ensure that mandatory minimum sentences are targeted toward relatively more serious conduct." ...
This rape case explored in depth the Child Sexual Abuse Accomodation Syndrome (CSAAS) in the context of the Supreme Court's ruling in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); and it is particularly noted for Judge Noonan's dissent in which he objected to the admission of testimony ...
Use of gun enhancement under U.S.S.G. Sec. 2D1.1(b)(1) does not require proof of precisely concurrent acts.
