Case rejected a broad range of cinstitutional challenges to Rule 414 which permits the use of character or propensity evidence in child molestation cases.

This case addressed a constitutional challenge to Rule 414 of the Fed.R.Evid., which permits the prosecution to use evidence in child molestation cases of a defendant's ...

This case deals with another of the many Federal gun prohibitions, namely the use of a gun during a crime of violence, and particularly what is required for the application of the sentence enhancement penalties contained in the "Three Strikes" statute (18 U.S.C. § 3559(c)(3)(A)). That statute requires the district ...

Decided before the Supreme Court's decision in Caron v. U.S., the Ninth Circuit held that when a state partially restores an ex-felon's rights to possess certain firearms, he should not be prosecuted under Federal law due to the Rule of Lenity.

Court reversed a sentence under the "Three Strikes" law because one of the defendant's prior convictions for ban robbery did not involve any "threats" within the meaning of the statute.

This case deals with another of the many Federal gun prohibitions, namely the use of a gun during a crime ...

This case deals with the so-called Bruton rule that was enunciated by the Supreme Court in Bruton v. U.S., 391 U.S. 123 (1968), which held that a defendant is deprived of his Sixth Amendment right of confrontation when a facially incriminating confession of a non-testifying co-defendant is introduced at their ...

Here the Court held that "flex" - a mixture of flour, wax and baking soda - was not a "controlled substance" as defined in 21 U.S.C. § 802(7).

In this case, the Court addressed a number of different drug issues. First, the court addressed a claim that the Government had ...

Case held that prior decision, issued by two judges after a third judge had passed away, was valid even though one remaining judge on the panel was not a member of the court, but was sitting by designation as a member of the Court of Intnl. Trade.

Caron v. United States, No. 97-6270 (U.S. Sup. Ct. June 22 , 1998) (Justice Kennedy)
United States v. Qualls, 140 F.3d 824 (9th Cir. 1998) (En Banc) (Judge Hawkins)

It is noteworthy that the Qualls decision was published this week since it forewarned that the Supreme Court had only recently ...

En banc Court vacated a sentence (and reversed its existing precedent) based on its finding that an unarmed bank robbery did not constitute a crime of violence that would preclude the use of § 5K2.13.

This is another of those limited-application cases that deals with the semantics of "violent crimes"; ...

At issue in this case was Guideline Amendment 518 which became effective on November 1, 1995 and whether that Amendment merely clarified, or substantively changed, the method of calculating the weight or quantity of drugs in certain cases. The defendant was convicted in 1991 of a violation of 21 U.S.S. ...

The petitioner is this case had an extensive criminal history, including some felonies. In 1993, carrying a semiautomatic rifle, he threatened a victim by brandishing the rifle in the victims face. The police were called and they disarmed and arrested petitioner. He was charged with possession of a gun by ...

This is an important and far-reaching forfeiture case, the import of which can best be assessed by Justice Kennedy's dissent in which he states: "For the first time in its history, the Court strikes down a fine as excessive under the Eighth Amendment. The decision is disturbing both for its ...

By a vote of 5 to 4, the Supreme Court had ruled that illegally seized evidence, which would be barred by the exclusionary rule announced in Mapp v. Ohio, 367 U.S. 643 (1961) from use by the prosecution in a criminal trial, can be used in a parole revocation hearing. ...

We have often noted that one of the favorite weapons in the growing arsenal of Federal criminal statutes is 18 U.S.C. § 666, which makes a Federal crime of theft and bribery concerning programs receiving Federal funds. Anyone familiar with today's use of § 666 knows that the one of ...

Case held that IAD's 180-day speedy trial period was not violated, even though the Government's procedures for processing speedy trial requests was "disturbing.".

Here a majority of the Court concluded that the Sentencing Commission did not intend to import the "crime of violence" definition from USSG § 4B1.2 into § 5K2.13.

Here, after noting the Circuit court split on what constitutes a "crime of violence", the majority held: "We believe that departures under ...

Case held that witness's posttrial testimony was not newly discovered testimony that could support granting a motion for a new trial.

Here Judge Weinstein approved a downward departure for a "mule" in a number of grounds but particularly on the grounds of coercion.

Reading this decision by Judge Weinstein is like looking at a snapshot of many of his outspoken critiques over the years of the Guidelines' inflexible treatment of drug ...

Case held that since bank robbery was a general intent crime the defense of diminished capacity was not available.

Case noted that, although the diminished capacity defense lacks a universally accepted definition, it is usually offered to negate the mens rea element. (Id., at 650, n. 2). The Court then ...

How the forfeiture laws can place people and businesses at a terrible disadvantage.

QUOTE OF THE WEEK - Some thoughts on the by-products of the Government's forfeiture policies.

"As the ‘drug war' has escalated, the number of forfeiture cases in the United States has burgeoned. Taking away the profits of ...

Case rejected an acceptance of responsibility sentence reduction based on his claim that he was merely attacking the validity of a prior deportation proceeding, although it suggested that had that been the sole basis of his appeal it might agree.

This case deals with the so-called Bruton rule that was enunciated by the Supreme Court in Bruton v. U.S., 391 U.S. 123 (1968), which held that a defendant is deprived of his Sixth Amendment right of confrontation when a facially incriminating confession of a non-testifying co-defendant is introduced at their ...