The convoluted issue in this case was: "Whether the sentence of an alien convicted of reentering the
United States after a previous deportation order may be enhanced [by 16 levels] under U.S.S.G. §
2L1.2(b)(2) due to the prior commission of an "aggravated felony," as defined in the guideline, where the ...

Court not authorizied to order restitution to the FBI as a condition of supervised release.

In this case the Court approved of the use of the "retail value" of the counterfeited items in applying the loss calculations applicable to the defendant and in enhancing the defendant's sentence - rejecting the defendant's argument that the district court should have calculated the "loss" under § 2F1.1. The ...

This decision explores at length the sentencing enhancement contained in U.S.S.G. § 2B1.1(b)(4)(B) for being "in the business of receiving and selling stolen property" (known as the "fencing enhancement" or the "ITB adjustment"). The defendant pled guilty to the possession and sale of stolen cable equipment and at sentencing the ...

Here the Court invalidated as racially discriminatory a jury selection plan designed to increase the number of Black jurors which it determined was in violation of the Jury Selection and Service Act, 28 U.S.C. § 1862, and the Fifth Amendment.

In this case the Court held that a jury selection ...

Case held that no notice of upward departure is required for sentences outside the Guideline's Revocation Table.

No notice of upward departure required for sentences outside the Guideline's Revocation Table.

This case is noted for one of those Snippets of Justice that speaks volumes about our criminal justice
system - and particularly how the Government openly fears having the system judged by people with a
conscience. In this case, the Government used one of its peremptory challenges to disqualify a ...

Here the Court vacated a sentence based on the more serious type of d-methamphetamine because the Government failed to carry its burden of proof in establishing the identity of the drugs involved. Citing U.S. v. Acklen, 47 F.3d 739 (5th Cir. 1995) the court ruled that "when the defedant raises ...

Here the Court held that the district court was authorized to impose two consecutive terms of imprisonment on a parolee following his violation of a condition of two separate terms of supervised release that were ordered to run concurrently.

See also U.S. v. Cotroneo, 89 F.3d 510 (8th Cir. 1996), ...

Never underestimate the power of the courts to obfuscate the obvious. In their perpetual quest for
linguistic perfection in what jurors should and should not be told about their duties and responsibilities,
there is probably no more esoteric and pedantic judicial debate than the frequent discussions about the
meaning of ...

Relying on an unpublished decision, the magistrate judge warned that if prisoners abuse their right to represent themselves, they may face a sentence increase for obstruction.

This is one of those indigent pro se prisoner cases, routinely was assigned to a Magistrate Judge, which
just may have produced some unintended ...

Case held that implicit in acceptance of responsibility is an admission of moral wrongdoing, which is satisfied by contrition and remorse - but not by expressions of regret for being caught.

The Court stated: "Federal Rule of Criminal Procedure 12(b)(2) provides that '[d]efenses and objections based on defects in the indictment or information . . . ' must be raised prior to trial. Federal Rule of Criminal Procedure 12(b)(2) governs an untimely claim of discrimination in the selection of the grand ...

This is one of those indigent pro se prisoner cases, routinely was assigned to a Magistrate Judge, which
just may have produced some unintended and highly provocative results. The Magistrate’s Memorandum
and Order revealed two hidden gems buried deep in the secret dungeons of unpublished decisions -
sources of law ...

Here the Court granted a Writ of Mandamus after the petitioner complained about a two year delay in deciding his habeas petition - although shortly thereafter the writ was recalled and vacated when the district court finally acted on the habeas petition.

Here the Court held that mere willingness to provide the Government with information does not suffice to make a defendant eligible for safety valve sentence reduction under USSG § 5C1.2.

United States v. Ortiz, 136 F.3d 882 (2nd Cir. 1997) (Per Curiam)
United States v. Contreras, 136 F.3d 1245 (9th ...

This is an interesting case dealing with U.S.S.G. § 5K1.1, in which the Court held that "end runs" around the prosecutor's duty to file a § 5K1.1 motion will not be tolerated, and held that the Government had breached its plea agreement obligations.

This is one of those rare but ...

QUOTE OF THE WEEK - Legalese: the power to obfuscate the obvious.

"The Framers of our Constitution and Bill of Rights were too wise, too pragmatic, and too
familiar with tyranny to attempt to safeguard personal liberty with broad, flexible words and
phrases like "fair trial," "fundamental decency," and "reasonableness." ...

While this case contains a detailed discussion of the sentence enhancement for being “in the business”
of receiving and selling stolen property which is contained in U.S.S.G. § 2B1.1(b)(4)(B), it is noted
primarily for its discussion of whether a defendant can be ordered to reimburse the FBI for money spent ...

Among the issues raised in this case was the interesting question of whether a claim of ineffective
assistance of counsel can constitute a valid basis for a downward departure under the Guidelines. With
broad and sweeping language, the Fourth Circuit held that a departure based on such grounds “would
be ...

Here the Court held that for purposes of the safety valve disclosure obligations, a defendant's disclosure of information to the Probation Officer is not disclosure to "the Government" in the manner contemplated by the statute.

United States v. Ortiz, 136 F.3d 882 (2nd Cir. 1997) (Per Curiam)
United States v. ...

Carefully, and with obvious concern about establishing any general precedent, the Court in this case
addressed a growing problem for the courts - lengthy delays in the administration of justice. In January
26, 1996, the petitioner filed a habeas corpus petition, pursuant to 28 U.S.C. § 2254, attacking the validity ...

Differences between d-type and l-type methamphetamine.

After the defendant failed to file any objection to the classification of his drugs at his original sentencing, in his direct appeal, on his first § 2255 appeal, or at his resentencing, the Court held that it was not plain error for the district ...