Case held that the Speedy Trial Act had been violated because an "ends of justice" continuance had been improperly granted.

This is a rare case in which the Court held that a Government requested delay of a case, to give it time to prepare the case for trial, was a ...

This case notes an interesting limitation on the use of the three-level sentence enhancement referred to in U.S.S.G. § 3B1.1(b) for being a "manager or supervisor" of a criminal activity. The defendant was convicted after a trial of distribution of methamphetamine in violation of 21 U.S.C. §§ 841(a) and 846. ...

Case is noted principally for its comprehensive review of this 20-year old prison litigation involving female prisoners rights and its holding that the PLRA's provisions re: attorneys fees do not apply retrocatively.

Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea.

This is a telling case in which the Court actually held that, because the defendant was misinformed about his Guideline sentencing range, his guilty ...

Case held that even though the Bailey case made it clear that the defendant had not "used" a gun, there was sufficient evidence to support the conviction under the "carry" prong of § 924(c) - but see Judge DeMoss's strong dissent.

Bousley v. United States, Docket No. 96-8516 (U.S. Supreme ...

QUOTE OF THE WEEK - The defining element of plea agreements: Illusory inducements!

"It is obvious from this discussion that . . . the defendant is in effect induced by the 'system', including the judge, the prosecutor, and the defense attorney, to plead to what he believes to be a ...

Case denied numerous motions for summary judgment on grounds of qualified immunity in a case of chilling police brutality.

These two summary orders should be required reading for anyone considering civil rights suits for damages based on excessive police brutality; or anyone who doubts that the police sometimes operate above ...

Court held that because he was misinformed about his Guideline sentencing range, that constituted a fair and just reason to allow him to withdraw his plea.

These two summary orders should be required reading for anyone considering civil rights suits for damages based on excessive police brutality; or anyone who doubts that the police sometimes operate above the law. This case raises a panoply of immunity issues and contains a comprehensive review of the current state ...

While the brief decision in this case is neither lengthy nor precedent-setting, it does address a frequently raised issue: When is a defendant entitled to review the presentence reports of co-defendants who have cooperated with the Government and become witnesses against the defendant. The answer is practically never; unless, perhaps, ...

Despite ruling of Board of Immigration Appeals that the Fleuti doctrine did not extend to Special Agricultural Workers, the court ruled otherwise on the grounds that Congress directed that lawful temporary and permanent residents be treated equally with respect to travel rights.

Citing the Fleuti doctrine, the Court held that ...

Case held that petition was not filed within a reasonable period after the effective date of the AEDPA and was barred by the one-year statute of limitations and rejected claims that such a limitation violated the Suspension Clause of the Constitution.

In this case, Judge Sotomayor posited that the limitations ...

Here the Court stated: "Federalism has not been compromised here. See United States v. Bigler, 907 F.Supp. 401, 402 (S.D.Fla.1995); United States v. Cantor, 897 F.Supp. 110, 113 (S.D.N.Y.1995). The federal government has a right to attach reasonable conditions to the disbursements of its funds. See New York v. United ...

Here the Court noted that: "Appellants correctly note that Judge Chin did express negative concerns about the merits of MacDraw's case and the conduct of appellants in litigating it. However, such remarks are common and often important to the trial court's administration of a case." (Id., at 38).

In rejecting ...

Here the Second Circuit approved the imposition of sanctions on counsel as both "warranted" and not excessive.

Case held that the Speedy Trial Act had been violated because an "ends of justice" continuance had been improperly granted.

Case is noted for its holding that customs inspectors are authorized to open international mail without probable cause.

This case raises some interesting issues regarding handwriting exemplars. The defendant was charged with robbing two banks, during which he delivered notes to the tellers telling them to put all the money "from both draws" (sic) into a bag which he handed them. After he was arrested, he was asked ...

Case held that even though the Bailey case made it clear that the defendant had not "used" a gun, there was sufficient evidence to support the conviction under the "carry" prong of § 924(c) - but see Judge DeMoss's strong dissent.