In a case of first impression in the Ninth Circuit, the Court held that resentencing a defendant on an underlying drug trafficking offense to reflect a possession of a weapon enhancement, following vacation of his weapon conviction, did not violate the Double Jeopardy Clause, even though the defendant had already ...
United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott)
United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel)
It really should not surprise anyone that there are a growing number of appeals in which the principal
issue was the claim that the jurors were ...
Case is noted principally for Judge Pregerson's dissent in which he argues that the petitioner's challenge to Arizona's lethal gas statute is ripe for review.
Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay)
Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian)
In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that the Bureau of Prisons (BOP)
may reduce a prisoner’s sentence, for a period not to exceed one ...
This case is noted because of its instructive analysis of loss calculations under the Guidelines in tax
cases. The defendant was found guilty of failing to truthfully account for and pay over withholding taxes
in violation of 26 U.S.C. § 7202. His Guideline sentencing range was 41 to 51 months, ...
The defendant in this case was convicted of armed bank robbery in violation of 18 U.S.C. § 2113(a) -
despite the fact that both the district court and the Court of Appeals described the evidence against him
as “paper thin.” The principal witness against him, despite having made a “positive ...
This prison case is noted because it reversed a highly persuasive decision of Judge Feikens (reported
at Hadix v. Johnson, 947 F.Supp. 1100 (E.D.Mich. 1996) (Hadix I)) in which he held unconstitutional one
of the most controversial of the many provisions of the Prison Litigation Reform Act (PLRA), namely 18 ...
Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay)
Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian)
In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that the Bureau of Prisons (BOP)
may reduce a prisoner’s sentence, for a period not to exceed one ...
In 1991 Michael Trammell was indicted by the Sate of Kansas on three counts of failing to pay insurance
premiums by an insurance agent, in violation of Kansas law. The case was prosecuted under the
supervision of one Robert Schodorf, at the time a State prosecutor. After the jury was ...
Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay)
Martin v. Gerlinski, 133 F.3d 1076 (8th Cir. 1998) (Judge McMillian)
In 1994, Congress enacted 18 U.S.C. § 3621(e)(2)(B) which provides that the Bureau of Prisons (BOP)
may reduce a prisoner’s sentence, for a period not to exceed one ...
United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott)
United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel)
It really should not surprise anyone that there are a growing number of appeals in which the principal
issue was the claim that the jurors were ...
QUOTE OF THE WEEK - Some observations on the view that the principles of “federalism” require the use
of successive State and Federal prosecutions whenever one sovereign is highly displeased with
the results achieved at the first prosecution.
"We should . . . be suspicious of any supposed "requirements" of ...
United States v. Barragan-Devis, 133 F.3d 1287 (9th Cir. 1287) (Judge Trott)
United States v. Duran, 133 F.3d 1324 (10th Cir. 1998) (Judge Ebel)
It really should not surprise anyone that there are a growing number of appeals in which the principal
issue was the claim that the jurors were ...
Here the Eighth Circuit basically held that the BOP's interpretation of its own regulations dealing with eligibility for the drug treatment programs deserved controlling weight, unless plainly erroneous or inconsistent with its own regulations.
Love v. Tippy, 133 F.3d 1066 (8th Cir. 1998) (Judge Lay)
Martin v. Gerlinski, 133 F.3d ...
In 1991 Michael Trammell was indicted by the Sate of Kansas on three counts of failing to pay insurance
premiums by an insurance agent, in violation of Kansas law. The case was prosecuted under the
supervision of one Robert Schodorf, at the time a State prosecutor. After the jury was ...
Court held that the defendant's alleged intent to eventually repay withheld taxes to the Government could take the case out of the heartland of tax evasion cases.
This is an important decision which appears to change radically the grounds upon which a defendant may
be denied a sentence reduction for acceptance of responsibility under the provisions of U.S.S.G. § 3E1.1.
The defendant in this case was charged with one count of possessing machine guns in violation of ...
In this case, although the Court had previously reversed the defendant's conciction on the grounds that plain error in the jury instructions had occurred, now, on an en banc review, the court reconsidered and held that the error did not "seriously affect the fairness, integrity or public reputation of the ...
