Case held that the defendant was denied her rights to a fair trial when the trial court denied her the opportunity to present lay testimony to show that she was coerced under the Battered Woman Syndrome theory.

This is an interesting case which suggests that the "Battered Woman's Syndrome" defense is beginning to be accepted more and more as a viable defense in many Federal cases. Here, the defendant failed to give timely notice, under Fed.R.CrimP. 12.2, of her desire to produce expert testimony to show that ...

Case held that "exculpatory no" doctrine does not apply to prosecutions for falsely claiming U.S. citizenship.

As this tax protestor case shows, the established rule that the Government must prove specific intent as well as willfulness and materiality sometimes does not apply in cases dealing with the filing of false tax returns.

As this case shows, it just doesn't pay to mess around with Mother Nature ...

Case reversed an enhancement for possession of a gun, where the defendant objected to the Presentence Report, and the Government offered no other evidence to establish such possession.

Here, the probation officer testified that the arresting agent told him that the day before the defendant was arrested, he had noticed ...

Court held it improper and a violation of both the First and Fourteenth Amendments for a prison to concoct regulations designed to prohibit distribution of Prison Legal News to prisoners.

Although the Government never has any problems defining its own versions of the truth, it surely doesn't like it when ...

Although thus case involved a civil contempt petition, it is noted for its extensive discussion of the history and purpose of the "fugitive disentitlement doctrine", which grants courts the discretion to dismiss appeals involving fugitives.

In this case the Court applied the fugitive disentitlement doctrine to dismiss an appeal by ...

Case held that a defendant is not entitled to retroactive application of the safety valve provisions of the law when he is resentenced due to amendments to the drug weight equivalency tables.

Case held that the loss of the privilege to practice medicine cannot constitute a valid basis for a downward departure.

Citing the Ninth Circuit's decision in U.S. v. Aguilar, 994 F.2d 609 (9th Cir. 1993) [which decision was subsequently withdrawn at 11 F.3d 124 (9th Cir. 1993)], the defendant argued ...

Court held that Supreme Court's decision in Old Chief v. U.S. did not compel reversal of conviction where court concludes that error resulted only in harmless error.

Last year, the Supreme Court surprised many courts and prosecutors by ruling, in Old Chief v. U.S., 136 L.Ed.2d 574 (1997), that a ...

This is an interesting drug case in which the Fifth Circuit first vacated a drug conviction for possession with intent to distribute because the Government had failed to prove anything but simple possession; and second directed the entry of a judgment of conviction on a lesser included offense (simple possession ...

Case is noted for its discussion of the Rooker-Feldman doctine which holds that lower Federal courts generally do not have jurisdiction to review state court decisions.

Case is moted for its detailed discussion of the Rooker-Feldman doctine, as outlined in District of Columbia Ct. App. v. Feldman, 460 U.S. 462 ...

Court vacated a drug conviction for distribution on the grounds that the Government failed to prove anything but simple possession.

This is an interesting drug case in which the Fifth Circuit first vacated a drug conviction for possession with intent to distribute because the Government had failed to prove anything ...

Court rejected claim that aggravated felony conviction under § 2L1.2 was double counting to criminal hostory points added under § 4A1.2.

Court rejected separation of powers, due process and equal protection challenges to provisions of PLRA permitting prisons to seek relief from consent decrees granting "prospective relief".

Case held that statute providing for civil commitment of offenders (18 USC § 4246) applied to juvenile offenders being held pursuant to the Juvenile Justice and Deliquency Prevention Act (18 USC §§ 5031-5042).

Even though defendant earlier admitted that the drug for which he was convicted was crack, because he was denied an evidentiary hearing to determine whether it was crack for sentencing purposes, the case was remanded.

Case reviewed criteria for cross-examinantion of an unfriendly witness under Rule 608(b) of the Fed.R.Evid.

Case contains detailed discussion of the hearsay exception known as the declarant unavailable exception and explores the 2nd Circuit's two-part test for determining "similar motive" under Rule 804(b)(1).

In this case, in response to an objection to a fine based on the district court's failure to make express findings regarding the defendant's financial situation and the other factors listed in U.S.S.G. § 5E1.2(d), the Court held that "the rule expressed in this circuit is that express or specific ...

In the parlance of the Government's alphabet language, this is one of those IYCMAVAGSSTDI* cases (*"If you can't make a valid arrest, get some sucker to do it.") Here, a "massive" armada of stalwart Federal, State and local law enforcement officials, in multiple vehicles and a helicopter, targeted one Edgar ...

This is one of those crazy double jeopardy cases that makes one wonder when the final demise of the Double Jeopardy Clause will be rung. Here, the defendant was charged with two separate crimes: possession of a stolen firearm, in violation of 18 U.S.C. § 922(j); and possession of the ...

The Seventh Circuit reversed a sentence enhancement for obstruction of justice based on the fact that the defendant had lied about certain aspects of his case, holding that the lies were not material to his guilt or sentence.

In this case, the defendant admitted his agreement to accept marijuana instead ...

QUOTE OF THE WEEK - Although one of the purposes of the Founding Fathers in writing the Double Jeopardy Clause into our Constitution was to protect against multiple and repeated punishment for the same offense, the guarantees against such vengeful punishments are rapidly disappearing. The principle reason for that is ...

An absurd tax prosecution case is which a tax protested is prosecuted criminally for filing a return showing $7.5 billion in income and withholding in a single year.

Case rejected claim that defendant's transfer from state to federal custody pursuant to writ ad testificandum triggered the Speedy Trial Act.

The defendant was transferred from state custody to Federal custody pursuant to a writ ad testificandum, and after the Grand Jury indicted the target of its investigation, the defendant ...

This is one of those outlandish cases in which Federal agents convinced local officials to "develop their own probable cause" to stop a target and search him because of their own admitted lack of evidence.

In the December 1, 1997 issue of Punch and Jurists, we reported on a case, U.S. v. Meza, 127 F.3d 545 (7th Cir. 1997), which we noted was the first published case we had seen which held that unwarranted sentencing disparities among co-defendants might constitute a proper basis for a ...

Case held that "exculpatory no" doctrine (which is a judicially created affirmative defense to prosecutons under 18 USC § 1001 for providing false statements) does not apply to 18 USC § 911.

Joining holdings from the Third, Fourth, Seventh and Ninth Circuits, this case holds that civil forfeiture, whether contested or not, does not constitute a valid basis for a sentencing departure.

Court held that a sentencing court may properly look to uncharged crimes in fixing the appropriate sentence for a criminal defendant, regardless of whether the defendant was ever charged with or convicted of that conduct and regardless whether he could be.

In this case, the defendant pled guilty to charges ...

Here the Court reversed a lower court determination to grant downward departure on basis that defendant was entrapped into purchasing crack cocaine - holding that the Seventh Circuit does not recognize the defense of sentencing entrapment.

The defendant in this case purchased 4½ ounces of crack from an informant who ...