In this case the 2nd Circuit reversed a downward departure granted by Judge McKenna based on extraordinary family circumstances and in the process suggested strong limits on its previous precedents relating to similar departures.
This is one of those decisions that stresses how difficult it is for district judges to ...
Here the Court rejected a Government claim that three participants should have received a four-level increase under USSG ยง 3B1.1(a) absent a finding of criminal responsibility, stating that knowing what is going on is not enough.
In this case the Government cross-appealed the district court's refusal to apply a four ...
One of the many issues raised in this multi-issue appeal was whether the district court (Judge Cleland) had committed reversible error when he advised the jurors during voir dire that some of the original defendants had pleaded guilty to the charges in the instant case. The Sixth Circuit agreed that ...
United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay)
United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott)
Both of these cases also deal with limiting instructions to a jury - this time in the context of two closely related bete noires of the ...
In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended by reducing slightly the base offense levels for certain quantities of drug, pursuant to Guideline Amendment 505. As ...
The decision reminds us of the story of the chap who got lost in Georgia. His plight was explained to a native Georgian who, after pondering the problem for some time, finally drawled: "You know, you just can't get there from here." The petitioner in this case, Robert Blaik, has ...
In its comments on when co-conspirator statements may properly be admitted in a criminal trial, the Court observed: "In determining whether a statement is admissible under 801(d)(2)(E), 'the court may consider the contents of the statements themselves in weighing the evidence.' [citing U.S. v. Carter, 14 F.3d 1150, 1155 (6th ...
The Court observed: "Most of the Courts of Appeals that have considered this question have found that the retrospective application of the MVRA violates the Ex Post Facto Clause because restitution imposed as part of a defendant's sentence is criminal punishment, not a civil sanction, and the shift from discretionary ...
Case held that the application of the MVRA to the defendant violated the ex post facto prohibitions of the Constitution since it was not enacted until after the defendant's crimes were committed and since restitution is deemed punishment.
The Court observed: "Most of the Courts of Appeals that have considered ...
Cae held that because the defendant failed to establish by a preponderance of evidence that he did not possess a firearm in connection with his drug conspiracy, he did not qualify for a "safety valve" sentence reduction.
United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay)
United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott)
Both of these cases also deal with limiting instructions to a jury - this time in the context of two closely related bete noires of the ...
Collection of quotes about the "unconscious racism" that permeates the American criminal justice system.
QUOTE OF THE WEEK - The role of "unconscious racism" in the American criminal justice system.
"It is unnecessary in 20th-century America to have individual Negroes demonstrate that they have been victims of racial discrimination: the ...
United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay)
United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott)
Both of these cases also deal with limiting instructions to a jury - this time in the context of two closely related bete noires of the ...
In 1991, the defendant in this case pled guilty to a conspiracy to distribute methamphetamine and he was sentenced to 30 years in prison. In 1994, the drug quantity Guidelines were amended by reducing slightly the base offense levels for certain quantities of drug, pursuant to Guideline Amendment 505. As ...
United States v. Benitez-Meraz, 161 F.3d 1163 (8th Cir. 1998) (Judge Lay)
United States v. Neill, 161 F.3d 1219 (9th Cir. 1999) (Judge Trott)
Both of these cases also deal with limiting instructions to a jury - this time in the context of two closely related bete noires of the ...
The defendant in this case was a manager at International Signal Corporation (ISC), a company that was working on a project to identify and correct certain problems relating to the launching of Striker missiles. As part of his job, the defendant made arrangements to import an inoperable model of that ...
This case is noted because it has been called the first decision in the country to grant a downward departure because the defendant's criminal history may have been improperly inflated by racial disparities.
In a decision that evoked an immediate outcry from the Boston newspapers, Judge Gertner gave an African- ...
