The defendant in this case pled guilty to conspiracy to commit money laundering in violation of 18 U.S.C. § 1956(h); and the plea agreement specified that the object of the conspiracy was money laundering in violation of 18 U.S.C. § 1956(a)(1)(A). As specified in U.S.S.G. § 2S1.1, the offense level ...

QUOTE OF THE WEEK - The use of multiple charges: the indispensable cudgel for legalized blackmail!

One of the most pristine pages in the United States Attorneys' Manual is the page that contains the following directive:

"In order to promote the fair administration of justice, as well as the perception ...

Court refused to rule that Drug Free Schoolyard Zones Act violated the Commerce Clause.

In this case, the defendant challenged the constitutionality of his conviction under the Drug Free School- Zones Act (21 U.S.C. § 860). Relying on the Supreme Court's decision in U.S. v. Lopez, 131 L.Ed.2d 626 (1995) ...

In this tax case, Judge Gertner granted a meaningful downward departure because she essentially agreed with the defendant that the monetary loss suffered by the Government significantly overstated the gravity of his offense.

Judge Gertner never disappoints. In this decision she again shows that a thoughtful and concerned judge can ...

At sentencing, the defendant in this case was ordered to pay over $6 million in restitution, arising out of a series of convictions for mail fraud, wire fraud and money laundering. He appealed, arguing the old refrain that he did not have the financial ability to pay. The Court rejected ...

Without establishing any general rule for tax cases, the Court did affirm the concept that "multiple loss causation" is "a permissible, indeed, even . . . encouraged grounds for departure under the Guidelines." (Id., at 39).

Judge Gertner never disappoints. In this decision she again shows that a thoughtful and ...

Here the Court stated: "We have never held, and do not now hold, that police pursuit of the subject of an arrest warrant automatically justifies the warrantless entry of private property." (Id., at 511). The Court also observed: "On the other hand, not all infractions of law may support warrantless ...

This is another case that considers some of the factors that should be considered by a court in appeals, pursuant to 18 U.S.C. § 3582(c)(2) and U.S.S.G. § 1B1.10, based on retroactive amendments to the Sentencing Guidelines. In this case the amendment in question was Amendment 505 which established an ...

United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle)
United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum)

With so few criminal cases going to trial these days, the attention and energies of defense counsel are focused more and more on such arcane issues as ...

United States v. Moore, 104 F.3d 377 (D.C.Cir. 1997) (Judge Sentelle)
United States v. Wing, 104 F.3d 986 (7th Cir. 1997) (Judge Flaum)

With so few criminal cases going to trial these days, the attention and energies of defense counsel are focused more and more on such arcane issues as ...

Case held that grand jury testimony of witness who had died prior to trial was not admissible under Rule 804(b)(1) as "former testimony".

Here the Court observed: "Turning to Rule 804(b)(1), we think that this hearsay exception for prior testimony does extend, where all its conditions are met, to grand ...

The Court stated: "The district court may not simply conclude that the defendant was responsible for a certain amount of drugs 'beyond a reasonable doubt,' . . . or that 'there's just no question in [the court's] mind about what [it] should find.' The court's degree of certainty is not ...

Court granted a downward departure on the grounds that the Government's monetary loss overstated the gravity of the defendant's offense.

Judge Gertner never disappoints. In this decision she again shows that a thoughtful and concerned judge can still exercise a great deal of discretion under the Guidelines. Here, the defendant ...

Following the Supreme Court's ruling in U.S. v. Armstrong, 517 U.S. 456 (1996), the Ninth Circuit reversed a district court's discovery order underlying a selective prosecution claim, stating that the defendant had not met the standards in Armstrong.

In coming to its conclusion, the court had before it extensive affidavits ...

Case held it was improper to comment on the defendant's post-arrest silence, but ruled the error was harmless.

Case held that when a defendant has secreted proceeds from an illegal activity, the illegal proceeds are presumed to be assets of the defendant unless he proves otherwise.

This Guideline case considers the arcane and confusing topic of "grouping" offenses under U.S.S.G. § 3D1.2. Essentially, that section permits closely related counts to be grouped for sentencing purposes so the ultimate sentence is not increased many-fold based on multiple convictions for different crimes arising out of the same criminal ...

This case deals with the sentence enhancement provided for in U.S.S.G. § 3B1.1(a) which directs the sentencing court to increase a defendant's sentence by four levels "if the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive."

The defendant ...

Sentence vacated because district court failed to make required findings justifying the amount of the fine imposed.

Because the defendant in this case had agreed to forfeit substantially all of his assets, both the Probation Office and the prosecutor recommended that no fine be imposed as part oh his sentence. ...

This is another case dealing with the so-called "safety valve" provision contained in 18 U.S.C. § 3553(f)(1)-(5) and its Guideline counterpart contained in U.S.S.G. § 5C1.2. Although the defendant was originally charged with conspiring to distribute heroin, he ultimately pled guilty to a single count of distributing heroin. The day ...

Case affirmed conviction despite failure of district court to instruct that arson crime required Government to prove substantial effect on interstate commerce.

Here the Court held that it was improper for the district court to revise certain factual findings that were made at the original sentencing hearing and use those revised findings as the basis for denying a sentence reduction.

This is an important case that deals with the factors that may ...

Judge Gertner never disappoints. In this decision she again shows that a thoughtful and concerned judge can still exercise a great deal of discretion under the Guidelines. Here, the defendant was found guilty of the usual melange of "related" convictions, including failing to truthfully account for and pay over withholding ...

One of the issues raised in this appeal was whether the Government pushed too hard by seeking separate convictions and sentences for the simultaneous possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). Here, the defendant received double convictions and sentences for the same single act. ...

Case held that evidence was insufficient to support finding that defendant carried a firearm during and in relation to a drug trafficking offense where unloaded gun was found in zippered gym back in back seat of car.