In a case dealing with the 1993 version of § 5G1.3, the Court approves the imposition of a 96 month consecutive sentence to various State sentences as a "reasonable incremental punishment.".

Before delving into this case, we warn you that even Judge Selya admits that his iteration of the litany ...

The tone of this decision was set in the Court's discussion of the reasons why there are "rational reasons" for treating prisoners and non-prisoners differently. The Court stated: "First . . . A prisoner's basic necessities are paid for by the state; unlike other indigents, therefore, a prisoner is not ...

QUOTE OF THE WEEK - The inexorable erosion of the Tenth Amendment.

"The current race to federalize state crimes epitomizes the very tendency most feared by those who wrote and ratified the Constitution: a strong central government relegating to itself all power. That concern led them to assure future generations ...

This is one of those rare cases in which the Court actually granted a preliminary injunction against prison officials due to their failure to provide three prisoners, who were Orthodox Jews, with Kosher meals. In rendering its decision, the Court acknowledged that preliminary injunctions are "disfavored" and require the movants ...

Case is noted for its review of the law dealing with the immunity of the INS to claims if false arrest and false imprisonment, holding that under the Westfall Act the United States is the only proper party and INS agents can't be sued.

Here, the claimant was arrested by ...

Case affirmed a conviction under 18 USC § 666 of an official accused of accepting bribes, even though the fund he managed used no Federal funds, because the court ruled that money is fungible and the Township did get Federal funds for other programs.

This case is noted for its ...

This case contains a good review of the holdings of the various Circuits on the validity of Bureau of Prison's (BOP) controversial policies regarding prisoners' eligibility for sentence reductions following completion of the BOP's drug treatment course. In 1994, Congress enacted various amendments to 18 U.S.C. § 3621 which gave ...

Case held that the Government's statement at sentencing that defendant was not being truthful regarding additional quantities of drugs involved in his offense was not sufficient to bar defendant's eligibility for safety valve sentence reduction.

The Court stated that the Government "cannot by its mere ipse dixit establish that the ...

Rejecting the Ninth Circuit view, the Second Circuit ruled that counsel's failure to file an appeal does not consitute per se ineffective assistance of counsel.

By holding that there is no per se ineffective assistance of counsel due to the failure of counsel to file a notice of appeal, the ...

Here, after the jury found in favor of the plaintiff on charges of false arrest and the use of excessive force, it awarded him only nominal damages. The Second Circuit reversed and ordered a new trial - holding that "a beating severe enough to leave marks is sufficient proof of ...

As little children we instinctively learn that sometimes the best course of action may be to try to hide the results of something that we have done that is really embarrassing. One portion of this case shows that the Courts themselves may also occasionally revert to that child-like approach.

Among ...

The Court stated that: "Where it can be established that meritorious defenses have indeed been foreclosed undercircumstances that reflect an extraordinary sense of contrition and desire to make amends for the offense" such circumstances may constitute a valid grounds for a further sentencing departure.

Case held that a voluntary surrender ...

Recently there have been a number of decisions that have addressed the Government's often capricious and arbitrary refusal to file a motion for a downward departure pursuant to the provisions of U.S.S.G. § 5K1.1, after a defendant has provided substantial assistance. (See, for example, our discussion of U.S. v. Isaac, ...

Case held that under the Guidelines "cocaine base" and "crack" are synonymous and thus the defendant's argument that the rule of lenity warranted a lower sentence was unavailing.

Case relied primarily on the Supreme Court's ruling in Russell v. U.S., 471 U.S. 858 (1985).

Case rejected a claim that the Government had failed to prove the requisite interstate commerce connection, holding that an apartment building damaged by fire satisfies the standards laid down by the Supreme Court.

Case held that a parole officer was not entitled to absolute immunity for falsely preparing a parole violation report and recommending that a warrant be issued for the parolee's arrest.

Citing cases from two other Circuits (U.S. v. Hendrickson, 22 F.3d 170 (7th Cir. 1994) and U.S. v. Crook, 9 F.3d 1422 (9th Cir. 1993)) as well as its own decision in U.S. v. Lieberman, 971 F.2d 989 (3rd Cir. 1992), the court held that, while the mere payment of ...

Here the Court held that the Victim and Witness Protection Act does not authorize restitution for Title 26 tax offenses (id., at 284).

Over the strong dissent of Judge Reinhardt, the majority held that dismissal of appeal was warranted under the fugitive disentitlement doctrine.

Court held that the application of the post-1994 versions of 18 USC §§ 844(I) and 34 did not violate the Ex Post Facto Clause the the judge had authority to impose a life sentence even when jury did not so direct.

Case held that charging the same conduct under both the false statement and fraudulent concealment provisions of the bankruptcy fraud statute does not render the indictment multiplicious.

Case did note that one Fifth Circuit case, U.S. v. Clements, 73 F.3d 1330, 1339 n. 14 (1996) referred to Amendment 491 as a "clarifying amendment" but it dismissed that ruling as inconclusive.

Case held that Guideline Amendment 491 (which deleted old § 2T1.3 and enacted § 2T1.1(c)(1)(A)) was not ...

Case held that provision of plea agreement stating that the U.S. "submits" that the offense involved more than 50 grams of crack was not a stipulation that was binding on the defendant for purposes of sentencing.

In this case the Government admittedly introduced no evidence linking the defendant to more ...

As little children we instinctively learn that sometimes the best course of action may be to try to hide the results of something that we have done that is really embarrassing. One portion of this case shows that the Courts themselves may also occasionally revert to that child-like approach.

Among ...

Despite acknowledging that other decisions from the same district have ruled otherwise (e.g., U.S. v. Gotti, 996 F.Supp. 321 (S.D.N.Y. 1998) and U.S. v. Gigante, 948 F.Supp. 279 (S.D.N.Y. 1996)), the Court held that it was bound by the Second Circuit's ruling in U.S. v. Regan, 858 F.2d 115 (2nd ...

This case is noted for its discussion of the difficult burdens of proof that are required to vacate a conviction based on allegations of juror misconduct. After the defendants were convicted at trial of participating in a drug conspiracy, they moved for a new trial on the grounds of juror ...