Here the Court approved a § 3B1.3 enhancement on top of a § 3B1.2 enhancement, stating it was not "solely" because of his position as a physician.

This Guideline specifically states that "if [an adjustment for for abuse of position of trust] is based solely on the use of a ...

Court vacated conviction as "career offender", because of its prior ruling that the pre-1995 version of § 4B1.1 did not apply to crimes not listed in 18 U.S.C. § 994(h).

Case held that jury's confusion as to whether it could consider certain evidence as mitigating, in a capital sentencing proceeding, and judge's failure to adequately correct jury's misconception, resulted in an Eighth Amendment violation.

Case held that "evidence of specific acts is not admissible under fed.R.Evid. 405(b) when character is not an element of the crime charged." (id., at 542).

Here the Court rejected the petitioner's claim that the BOP regulation (28 CRF § 550.58) governing admission to the drug treatment program was not in conflict with the enabling statute (18 USC § 3621(e)(2)(B)) and did not violate double jeopardy.

The Court stated: "We find that the Bureau's interpretation of ...

This is one of those nonsensical cases that gives credence to the chilling speculation of author/philosopher Ayn Rand that high up on the Government's political agenda is the maintenance of a large and stable class of criminals. (See the Quote of the Week below). As will be seen, one of ...

Case rejected argument that an indeterminate sentence, on which the defendant served less than five years in prison, qualified to remove the 16 level enhancement contained in U.S.S.G. § 2L1.2(b)(2).

Quote from Ayn Rand's novel "Atlas Shrugged" in which she decsribed a brave and eerie world in which the Government needs more and more criminals to maintain its power over the citizens.

QUOTE OF THE WEEK -"Who wants a nation of law abiding citizens?"

"Did you really think that we ...

Case held that evidence authenticated under Rule 902(3) must still be admissible under other rules of evidence including those governing hearsay.

United States v. Catton, 130 F.3d 805 (7th Cir. 1997) (Judge Posner)
United States v. Turner, 130 F.3d 815 (8th Cir. 1997) (Judge Arnold)

Both of these cases deal with slightly different but important double jeopardy issues that appear to be recurring with discomforting frequency and which raise disturbing questions ...

Court held that special skill enhancment does not require either formal training or professional stature; and that enhancement does not hinge on the complexity of the task to be performed.

Here the Court held that sentencing credit "is granted by the Attorney General through the Bureau of Prisons after a defendant is sentenced" and although the defendant may, after exhausting his administrative remedies, obtain judicial review of the BOP's determination, the credit is "not [to be granted] by a district ...

Here, principally because the defendant had failed to request an evidentiary hearing on the issue in the district court, the Court held that the defendant was not entitled to use the "goading rule" suggested in Oregon v. Kennedy, 456 US 667.

United States v. Catton, 130 F.3d 805 (7th Cir. ...

The Court stated: "Because the terms of his probation order provided that he was subject to a warrantless search of his home at any time by any law enforcement officer, and because that term was reasonable, Rowe had no Fourth Amendment right to be free from such a search. We ...

This is an important, albeit highly technical, case dealing with the presumption of innocence, jury instructions, reasonable doubt and harmless error review - all rolled into a single case; and it is noted particularly because it presents those issues in unusually clear fashion.

In January of last year, the Second ...

This case held that a scheme to defraud a foreign government of tax revenues was cognizable under the wire fraud statutes. "The statute reaches any scheme to defraud involving money or property, whether the scheme seeks to undermine a sovereign's right to impose taxes, or involves foreign victims and governments." ...

United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King)
United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway)

It is hard to deny that alien bashing has become one of America's most popular sports; and perhaps because they deal with a category of people ...

Citing U.S. v. Belt, 89 F.3d 710 (10th Cir, 1996), the Eight Circuit rejected a downward departure in this case and held that susceptibility to abuse in prison justifies downward departures only in extraordinary circumstances. But see Judge Arnold's dissent in which he stated that, under Koon, "a defendant's susceptibility ...

United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King)
United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway)

It is hard to deny that alien bashing has become one of America's most popular sports; and perhaps because they deal with a category of people ...

Here the Court rejected a double jeopardy challenge by using the broad "same elements test" enunciated in U.S. v. Dixon, 509 U.S. 688, even though it was painfully obvious that the Government's new charges were just a rehash of the old.

United States v. Catton, 130 F.3d 805 (7th Cir. ...

United States v. Catton, 130 F.3d 805 (7th Cir. 1997) (Judge Posner)
United States v. Turner, 130 F.3d 815 (8th Cir. 1997) (Judge Arnold)

Both of these cases deal with slightly different but important double jeopardy issues that appear to be recurring with discomforting frequency and which raise disturbing questions ...

Based on the fact that the defendant in this case regularly attended both a sex offender therapy program and an intensive chemical dependency program while working full time, starting right after his arrest in a child pornography case, the Eighth Circuit upheld a downward departure from a sentencing range of ...

The Eight Circuit vacated a downward departure in this case granted in part on the basis that incarceration would place a terrible financial burden on the wife. It stated that "even if divorce is an unmentioned factor rather than a discouraged factor, 'the disintegration of existing family life or relationships ...

Here the Court explored the concept of indeterminite sentences within the meaning of U.S.S.G. §§ 4A1.2 and 2L1.2.

Here the Court held that when a defendant is charged with a CCE crime in violation of 21 USC § 848, the district court does not have to agree which three particular acts constituted part of the criminal enterprise - a ruling that was later reversed.

In this case the ...

United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King)
United States v. Valenzuela-Escalante, 130 F.3d 944 (10th Cir. 1997) (Judge Holloway)

It is hard to deny that alien bashing has become one of America's most popular sports; and perhaps because they deal with a category of people ...

Here the Court joined most other Circuits in holding that a State felony conviction which would only be a misdemeanor under Federal law still constitutes an "aggravated felony" for purposes of USSG § 2L1.1.

United States v. Hinojosa-Lopez, 130 F.3d 691 (5th Cir. 1997) (Judge King)
United States v. Valenzuela-Escalante, ...

United States v. Harris, 137 F.3d 829 (8th Cir. 1998) (Judge Beam)
United States v. Crowder, 141 F.3d 1202 (D.C.Cir. 1998) (En Banc) (Judge Randolph)

Both of these decisions reflect a growing attitude of profound and undisguised judicial dissatisfaction with the Supreme Court's recent decision in Old Chief v. U.S., ...

Case rejected spirit of U.S. v. Old Chief and held that any error in rejecting defendant's offer to stipulate to felon status was harmless.

This case is noted for strong dissent of Judge Heaney in which he wrote: "The Supreme Court's rule in Old Chief (Old Chief v. U.S., 519 ...