In one of a series of explosive cases on Government misconduct arising out of wilfull failure to comply with the disclosure requirements of 18 USC § 2518, the Court warned that the Acting Attorney General could be held in contempt and incarcerated.

Among the many issues raised on this appeal was a challenge by two of the defendants that their mail fraud convictions were invalid because they were beyond the scope of the mail fraud statute. Essentially what happened was this. In 1996, the FBI discovered evidence that defendant Carl Cleveland, a ...

The Court held: "The delay in bringing Salimonu to trial was indeed overlong, and the district court should have acted with much more expedition. Nonetheless, because a hearing was required on his motions for reconsideration, the delay 'resulting from' these motions was properly excluded from STA calculations. Thus, the district ...

The Court stated: "Although this Circuit has not published a decision directly on point, in an unpublished opinion one panel reasoned that "the Hobbs Act involves an activity, crimes against small shops, which courts have repeatedly found has a substantial effect on interstate commerce," and held that this argument is ...

See the discussion of the prior decision reported at 174 F.3d 762. This decision, which amends in minor repects and replaces the prior decision, was issued in conjunction with the Court's denial of a rehearing en banc.

Here the Court amended in minor respects is previous holding that the Government's ...

In her dissent, Judge McKeown argued that the Court should undertake a de novo review of the Batson prima facie inquiry, stating: "I believe that a prima facie Batson challenge should be reviewed under a two-tier standard: while giving deference to the trial court's factual findings concerning the elements of ...

This is a mildly surprising decision in which the Seventh Circuit vacated a gun conviction under 18 U.S.C. § 924(c) on the grounds that the Government's proof at trial and the instructions given to the jury constructively amended the indictment. The defendant was caught in a sting operation transporting in ...

In the 8/30/99 issue of P&J, we noted a case, U.S. v. Payne, 181 F.3d 781 (6th Cir. 1999), in which the Sixth Circuit held that evidence seized by a parole officer in violation of the Fourth Amendment must be suppressed in a subsequent criminal proceeding. We noted that case ...

In this multi-defendant drug prosecution, the Court held that members of the conspiracy who were incarcerated as of the date the conspiracy began could not be held accountable for drug sales after he had been incarcerated.

The Court concluded that "The government has failed to show that the persons who ...

Here the Court held that the AEDPA's elimination of eligibility for discretionary relief from deportation for lawful permanent residents convicted of a qualifying crime did not apply retroactively to alien who pled guilty after the AEDPA's enactment.

In this case the petitioner, a long time legal resident of the U.S. ...

The petitioner in this case was convicted of tax evasion and was sentenced to 16 months in prison, a $25,000 fine and three years of supervised release. He began his sentence on January 5, 1995 and his administrative release date, after giving effect to his good time credits was February ...

At one point in this truly amazing 664-page epic, Judge Wolf recalled an auspicious warning made in 1924 by the then U.S. Attorney General when he appointed J. Edgar Hoover as the Acting Director of the newly created FBI. (That Attorney General happened to be Harlan Fiske Stone, who later ...

In this case the Court denied a Government request to impose conditions of release designed to interfere with a couple's spousal relationship in order to induce the defendant's fugitive spouse to voluntarily surrender on a non-extraditable crime.

It is hard to know whether to laugh or cry when you read ...

Here the Court held that the AEDPA's restrictions on discretionary relief from deportation did not apply retroactively to aliens in pending deportation proceedings at the time of enactment.

On this denial of a rehearing en banc, the Court slightly modified its prior decision reported at 173 F.3d 958, vacting final injunction granted by the district court to prevent prison officials from cutting off funding for prisoners' legal services.

"'Federal district courts annually approve over 500 requests for authorization to tap . . . telephones . . . . Requests are very rarely denied.' U.S. v. Aviles, 170 F.3d 863, 869 (9th Cir. 1999). Indeed, since January 1985, courts have denied only seven of 11,889 applications for orders authorizing ...

Here the Court affirmed a six-level enhancement for disruption of governmental function under USSG § 5K2.7, based on a gambling license application which failed to disclose several ownership interests, because it shielded those persons from scrutiny.

The Court held that the purpose of the gambling laws was to investigate the ...

One of the many issues raised in this case was whether the district court had erred in refusing to grant Charles Register an adversarial, pre-trial hearing with respect to the government's filing of notices of lis pendens regarding his property, effectively preventing him from using that property to retain a ...