Contrary to the positions taken by the Third Circuit (in Roussos v. Menifee, 122 F.3d 159 (3rd Cir. 1997)) and the Ninth Circuit (in Downey v. Crabtree, 100 F.3d 662 (9th Cir. 1996)), the Fifth Circuit concluded that the reference to "a nonviolent offense" in § 3621(e)(2)(B) merely excludes all ...
This case quickly caught our attention. It was written by Judge Gertner, one of the best judges in America. It dealt with 18 U.S.C. § 666 - a statute that seems to grow unmercifully. And at one point Judge Gertner concluded: "If there were ever a case that extended federal ...
Here the Court held that the common law rule, embodied in the Restatement of Torts, that a conviction presumptively establishes the existence of probable cause does not apply in the context of a § 1983 suit for malicious prosecution.
The Court reasoned that applying a presumption of probable cause on ...
In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any person who is subject to a domestic-relations restraining order to possess a gun. To put that law in ...
United States v. Ware, No. 97-5771 (6th Cir. 12/3/98) (Judge Batchelder)
United States v. Haese, No. 97-10307 (5th Cir. 12/7/98) (Judge Reynaldo Garza)
United States v. Reid, 19 F.Supp.2d 534 (E.D.Va. 1998) (Judge Spencer)
As the countdown continues on the expected en banc reversal of a Tenth Circuit panel's decision ...
In this case, the defendant was convicted of possessing a gun while subject to a protective order, in violation of 18 U.S.C. § 922(g)(8). That statute makes it a crime for any person who is subject to a domestic-relations restraining order to possess a gun. To put that law in ...
In this case the district court first reduced the defendant's criminal history category under the provisions of § 4A1.3 on the grounds that it significantly overrepresented the seriousness of the defendant's criminal history. Then it applied the safety valve provisions to further reduce the defendant's sentence.
On appeal, the D.C. ...
Here the Court rejected the defendant's claim that the district court had improperly double counted the stolen nature of the firearm first by calculating the offense level under § 2K2.1 and then by enhancing the sentence under § 2K2.1(b)(4).
United States v. Brown, 169 F.3d 89 (1st Cir. 1999)
United ...
Case held that resentencing of the defendant to a new term of supervised release did not violate the Ex Post Facto Clause, and that the potential for additional successive revocation sentences was too remote to rise to the level of a violation.
In this case the Court held that the ...
Case held that a former prison security guard was an "official holding a high-level decision-making or sensitive position" within the meaning of § 2C1.7(b)(1)(B) and that 8-level enhancement of sentence was proper.
Here the Court held that, although the money laundering statute does not define the word "proceeds", fraudently obtained, albeit untimately valuless, checks can be proceeds that will support a money laundering conviction.
In this case the record was unclear as to even when the trial was adjourned. While the court concluded that the trial court had abused its discretion in granting, or sua sponte ordering, an open ended continuance of a trial, among the issues discussed were motions requesting a status conference. ...
Court strongly endorsed Judge Barbadoro's decision at 957 F.Supp. 331 where he explained in detail why the PCR method of DNA testing was sufficiently reliable to be admissible in criminal proceedings.
In one of those telling examples of form over substance, the Court stated: "We believe that the language of § 2K2.1(a) tends to support Pugh's interpretation but is nevertheless ambiguous with respect to whether his 1995 conviction constitutes a prior felony conviction. Under the commentary, however, the 1995 conviction clearly ...
Quote from Judge Posner in which he argued that the general rule that ignorance of the law is no excuse should not apply to statutes that are unduly complex or obscure.
QUOTE OF THE WEEK - The Federal criminal code and its "highly technical statutes that present . . . ...
Here the Court noted that to qualify for a justification defense the defendant must show that he met four separate factors; and failing to do so he was denied the right to assert that defense.
Citing its ruling in U.S. v. Wheeler, 800 F.2d 100, 107 (7th Cir. 1986), the ...
United States v. Ware, No. 97-5771 (6th Cir. 12/3/98) (Judge Batchelder)
United States v. Haese, No. 97-10307 (5th Cir. 12/7/98) (Judge Reynaldo Garza)
United States v. Reid, 19 F.Supp.2d 534 (E.D.Va. 1998) (Judge Spencer)
As the countdown continues on the expected en banc reversal of a Tenth Circuit panel's decision ...
United States v. Ware, No. 97-5771 (6th Cir. 12/3/98) (Judge Batchelder)
United States v. Haese, No. 97-10307 (5th Cir. 12/7/98) (Judge Reynaldo Garza)
United States v. Reid, 19 F.Supp.2d 534 (E.D.Va. 1998) (Judge Spencer)
As the countdown continues on the expected en banc reversal of a Tenth Circuit panel's decision ...
Case held that defendant's "nonforfeitable" ERISA life insurance annunity fund was subject to forfeiture under RICO's substitute assets provisions.
One of the defendants in this case, Marianna Somerstein, was convicted of a number of mail fraud and false statement crimes and her Guideline sentencing range called for 12 to 18 months imprisonment. She moved for a downward adjustment based on a combination of four factors, namely the extraordinary hardship ...
Like every sanctimonious and newfangled Government program ever invented, the lofty purposes and giddy goals of supervised release seem to grow inexorably each year. We are told that "supervision" is necessary to give the parolee the guidance that he needs after a lengthy prison term - where rehabilitation has been ...
Here the appellant argued that his cousel was ineffective for failing to move for a downward departure based on the vistim's conduct in provoking an assault. While the Court agreed that the victim had wrongfully started or provoked a confrontation outside the appellant's home, it noted that he was not ...
The thorny question of what constitutes a "violent felony" continues to plague the courts; and that question is becoming increasingly important because of a great number of sentencing enhancements that can be imposed if the defendant's present or past crimes constituted a violent felony of a crime of violence. Throughout ...
