Court denied use of Writ of Error Coram Nobis to a prisoner who was still serving a prison term - holding that the use of such a Writ is inappropriate unless the defendant has completely served his prison sentence.
The defendant in this case was convicted, pursuant to a guilty …
The defendant in this case was convicted, pursuant to a guilty plea, of conspiracy to conduct financial transactions in violation of 18 U.S.C. § 1956(g). He was sentenced on January 25, 1995; and he filed no appeal for 2½ years. Finally, on July 17, 1997 he filed a "Motion for …
This case is noted for the Court's holding on a restitution issue. The Government, after apparently determining that it could only prove a certain amount of losses, stipulated in the plea agreement a loss of $475,812 for sentencing purposes. At sentencing, the district court (Judge Wolle) added additional amounts to …
The issue in this case was whether a failure to "pay over" any taxes under 26 U.S.C. § 7202 constitutes a failure to "pay any tax, or make any return" within the meaning of the 26 U.S.C. § 6531(4). That latter statute provides that criminal tax proceedings must be initiated …
For a contrary position, see U.S. v. Mitchell, 122 F.3d 185 (3rd Cir. 1997) - which was overturned in Mitchell v. U.S., Docket No. 97-7541 (U.S. Supreme Court, 4/5/99).
Defendant claimed that the district court erred by allowing a witness to invoke the Fifth Amendment after he had entered a …
United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock)
United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold)
The impact of the Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) continues to reverberate throughout our jurisprudence. Prior to Daubert, …
Case held that trooper's use of deadly force was objectively reasonable.
Court granted a motion to suppress because warrant lacked sufficient particularity.
Court stated that "Electrocution has never been found to be cruel and unusual punishment by any American court." (Id., at 337).
Court held that probative value of polygraph evidence was outweighed by its prejudicial effect on the jury.
It is little wonder that RICO charges have become the Holy Grail of Federal criminal prosecutions. The RICO laws are so complex, so confusing and so multi-faceted that they can cover just about anything. Just consider the statutory definition of the term "racketeering activity". That definition is set forth in …
Judicial intimidation? Pshaw! That just doesn't happen in America. But here's a case that may test your beliefs. It's a case that dealt primarily with the many ways in which the Speedy Trial clock can be stopped. Buried deep at the end of the case is a brief discussion of …
In a case involving counterfeit identification cards, the Court ruled that the district court erred by using § 2F1.1 rather than § 2L2.1 to calculate the defendant's sentence.
QUOTE OF THE WEEK - The careful thought that went into the enactment of the RICO forfeiture laws!
"The Comprehensive Crime Control Act of 1984, which included the Comprehensive Forfeiture Act of 1984, amending RICO, was so hastily passed that not all of the Act's pages were included in the …
This is one of those rare cases in which a court granted a motion to suppress all the fruits of a search because the warrant that failed to meet the particularity requirements of the Warrant Clause of the Fourth Amendment. Not only did the affidavits submitted in support of a …
Court reversed a RICO conviction because district court violated the Mandate Rule and took jurisdiction of a case while on appeal.
It is little wonder that RICO charges have become the Holy Grail of Federal criminal prosecutions. The RICO laws are so complex, so confusing and so multi-faceted that they …
Case rejected a challenge to arson conviction based on failure to prove a sufficient nexus to interstate commerce.
United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock)
United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold)
The impact of the Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) continues to reverberate throughout our jurisprudence. Prior to Daubert, …
Specifically the court held that the immediate termination provisions of the PLRA were constitutional.
Court rejected a series of challenges to the prospective relief provisions of the PLRA, including arguments based on Separation of Powers, Due Process and Equal protection.
Court rejected claim that restitution order of $62,000 was improper in case of a defendant who had no money, four minor children to support and who would be ordered deported upon completion of sentence.
Here the Court vacated an enhancement for obstruction of justice, based on the defendant's conduct of attempting to conceal guns at the time of his arrest, due to the language of Application Note 3(d) to USSG § 3C1.1.
The defendant in this case was convicted of possessing methamphetamine with intent …
Court held no error in applying sentencing enhancements both for managerial role under U.S.S.G. § 3B1.1(c) and for more than minimal planning under § 2F1.1(b)(2)(A).
Court held that DNA evidence based on the PCR method was admissible in criminal proceedings.
Court noted that adverse collateral consequences continue to flow from an underlying conviction following release from custody and probation stating that "there is an 'irrebuttable' presumption that collateral consequences arise from any criminal conviction." (Id., at 376). The Court also noted that in this case the petitioner could show actual …
United States v. Call, 129 F.3d 1402 (10th Cir. 1997) (Judge Baldock)
United States v. Gaines, 979 F.Supp. 1429 (S.D.Fla. 1997) (Judge Gold)
The impact of the Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.
579 (1993) continues to reverberate throughout our jurisprudence. Prior to Daubert, …
