In this case, the defendant argued that his sentence was erroneously increased with an obstruction of justice enhancement under U.S.S.G. § 3C1.1 because the standard for proving an obstruction of justice enhancement based on subornation of perjury is greater than a preponderance of evidence. The Court rejected the claim. It ...

This is one of the first cases to examine § 921(a)(33) which added "misdemeanor crime of domestic violence" as a new category of persons who are prohibited from possessing firearms. In this case the defendant was prosecuted under 18 U.S.C. § 922(g)(9) which makes unlawful the possession of a gun ...

In this case, the Court reversed and vacated the district court's determination that participation in a State deferred program for alcohol abuse was not "punishment" within the meaning of the Assimilative Crimes Act. In adopting that position, the Court observed that "Congress enacted the ACA to ensure that crimes committed ...

In this case, Judge Scheindlin granted in part defense motions to suppress some of the evidence that was seized during a searh on the grounds that such evidence was not "immediately apparent." Noting that the agents in this case were authorized to search only for guns and drugs, the Judge ...

QUOTE OF THE WEEK - Of Government cowardice and the disappearing-ink of § 5K1 letters.

In a recent case in which the Government did not dispute that the defendant had been fraudulently induced to enter into a plea agreement through misrepresentation, Judge Samuel Kent took the Government to task by ...

Case held that § 440(a) of the AEDPA, which divests courts of appeals of jurisdiction to review certain deportation orders was not impermissibly retroactive.

Here, while the court rejected a claim that a carjacking victmin had suffered "serious bodily injury" during a rape while her car was seized, it did hold that she had suffered a "protracted impairment of mental faculties" within the meaning of § 1365(g)(3)(D) - and thus it affirmed the sentencing ...

Here the Court held that the district court's refusal to grant a downward departure pursuant to § 5K1.1 due to the Government's refusal to make a specific sentencing recommendation was erroneous, and remanded to case to a different judge.

United States v. Campo, 140 F.3d 415 (2nd. Cir. 1998) (Per ...

Here the court vacated a sentence because the district court had determined that the Career Offender Guidline punished the defender twice by enhancing both his offense level and his criminal history category - calling it a "double bang." The Second Circuit rejected the downward departure to 181 months (from a ...

United States v. Campo, 140 F.3d 415 (2nd. Cir. 1998) (Per Curiam)
United States v. Kaye, 140 F.3d 86 (2nd Cir. 1998) (Judge Winter)

Both of these cases are significant because they make important statements about the policies and legal principles that control the fate of those defendants who seek ...

Among the issues considered in this case, the Court agreed with the petitioner that as an alien detainee he was not a "prisoner" for purposes of the filing fee requirements of the PLRA.

The Court in this case affirmed a downward departure granted to the defendant on the grounds that his prior felony conviction drastically overstated the seriousness of the underlying crime for purposes of the 16 level enhancement in § 2L1.2.

Here the Court permitted district courts to depart on the basis ...

This case is noted because of its comprehensive review of the concept of "proportionality" when examining claims that the Excessive Fines Clause of the Eighth Amendment bars a criminal forfeiture of property. In this case, claimants Matthew Enoch and Deana Lyons pled guilty in November, 1995 to an Illinois charge ...

This case is significant because it helps to clarify some of the legal principles that apply to jury instructions that are given when a jury appears deadlocked. Such instructions are commonly called "Allen-charges", a name derived from Allen v. U.S., 164 U.S. 492 (1896), and, as the Court in this ...

This multi-issue habeas case is noted principally because of its affirmation of an important ruling on so- called Batson-challenges (see, Batson v. Kentucky, 476 U.S. 79 (1986) to race-related peremptory challenges when the defendant is not of the same race as the excluded jurors. In this case, District Judge Platt ...

In this drug case the district court added sentence enhancements both for reckless endangerment during flight (U.S.S.G. § 3C1.2) and for knowingly assaulting a police officer (U.S.S.G. § 3A1.2(b) - arising out of the same course of conduct. The Court held that the use of the two enhancements was improper ...

This case gives one scary example of how far some prosecutors will go to achieve a conviction - even if it means fabricating crimes and deliberately withholding material exculpatory evidence. In this case, William Talley was one of a number of defendants who were jointly indicted and convicted for running ...

Here the Court held that the Federal statute defining "misdemeanor crime of domestic violence" (18 USC § 922(g)(9)) does not require predicate offense to have a domestic relationship element - only a use of force element.

Here the Court rejected the defendant's argument that § 922(g)(9) increases his punishment for ...

The issue in this case was whether it was proper to add to the loss calculation accrued interest on a loan. Although the Ninth Circuit has not yet ruled on the issue, the court held that it was proper to add such interest to the loss calculation. Citing cases, it ...

This case gives one scary example of how far some prosecutors will go to achieve a conviction - even if it means fabricating crimes and deliberately withholding material exculpatory evidence. In this case, William Talley was one of a number of defendants who were jointly indicted and convicted for running ...

In this case the Court held that even though the defendant had completed his sentence and had been deported, the Government was permitted to cross-appeal from his sentence on the grounds that should he ever reenter the United States he would still be subject to a term of supervised release ...

A careful reading of this case will make any careful defense lawyer think twice about proffers: first about whether a client should even consider making a proffer; and, second, whether the traps that are inherent in the "take-it-or-leave-it" proffer agreements are just too risky to accept. Certainly, as will be ...

QUOTE OF THE WEEK - Of Government cowardice and the disappearing-ink of § 5K1 letters.

In a recent case in which the Government did not dispute that the defendant had been fraudulently induced to enter into a plea agreement through misrepresentation, Judge Samuel Kent took the Government to task by ...