Here, interpreting the Supreme Court's decision in Bousley v. U.S., the 3rd Circuit held that a petitioner who had procedurally defaulted his Bailey claim need not show actual innocence of less serious, dismissed charges to qualify for collateral review.

In this case the district court held that the defendant could ...

One of the issues addressed in this case dealt with the “restraint of victim” sentencing enhancement contained in U.S.S.G. § 3A1.3, which permits the court to impose a two-level enhancement “if a victim was physically restrained in the course of the offense.” The defendant pled guilty to the unlawful possession ...

This decision raises some tantalizing new questions about one of the drug laws’ most questionable hypotheses - namely that the quantity of drugs involved in a crime is not an essential element of the crime (requiring a jury determination based on proof beyond a reasonable doubt), but rather a mere ...

In this case the Government appealed from the district court’s determination (a) that the defendant was not subject to a two-level sentencing enhancement under U.S.S.G. § 2D1.1(b)(1) because he had an unloaded shotgun in the sleeping compartment of his truck’s cab at the same time that he was carrying 300 ...

Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. The defendant was convicted of a conspiracy to distribute methamphetamine. At sentencing, the district court imposed the following ...

The Court stated: "Ordinarily, the government must move for a downward departure for substantial assistance before the district court can depart on that basis. See United States v. Stockdall, 45 F.3d 1257, 1259 (8th Cir.1995). There are, however, exceptions to this rule. This court has recognized "that relief may be ...

Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. The defendant was convicted of a conspiracy to distribute methamphetamine. At sentencing, the district court imposed the following ...

In this case, Popa, a political refugee from Romania who has resided in the US since 1986, made seven phone calls within one month to the office of the United States Attorney for the District of Columbia, Eric Holder. During these phone calls Popa referred to Mr. Holder as “ ...

In this case the Court noted, but failed to take sides, on the disagreement between the Second and Sixth Circuits as to whether a defendant can be found guilty of a gun crime under 18 USC § 924(c) based only on constructive possession.

The Court noted: "There is disagreement among ...

Here the Court rejected a Government appeal that the defendant should have been given an enhancement under USSG § 2D1.1(b)(1) and should have been denied a safety valve reduction because it failed to prove that the gun had a connection to his crime.

In this case the Government appealed from ...

Here, departing from the rule in other Circuits, the Court held that oral stipulations under USSG § 1B1.2(a) require careful scrutiny and must meet strict requirements before they will qualify as a "stipulation" to a more serious offense.

In this case, the defendants pled guilty to smuggling offenses arising out ...

This case calls to mind the question once asked by the Roman scholar Juvenal: "Quis custodiet ipsos custodes"- which, roughly translated, means "who will guard the guardians"? Here, reversing a decision by Judge Skretny, the Second Circuit held that an inmate at Attica, who was assaulted by other inmates after ...

Among the issues addressed in this case was a challenge by the defendant to three special conditions of supervised release that had been imposed on him by District Judge Urbom of Nebraska. The defendant was convicted of a conspiracy to distribute methamphetamine. At sentencing, the district court imposed the following ...

Here the Court held that a delay of 52 months between the date of the indictment and the date of the defendant's arrest violated the defendant's Sixth Amendment rights to a speedy trial and it dismissed the indictment with prejudice.

This cases is noted for its detailed examination of 140 proposed voir dire questions for prospective jurors, in which it rejected 69 of the questions and modified another, on the grounds that they were either inappropriate or too intrusive.

If you want a guide to the types of questions you ...

The Court stated: "The court also takes into consideration the inherent contradiction in the government's argument that the preponderance of the evidence will support holding this defendant accountable at sentencing for the murder of Siler when the government also contends the preponderance of the evidence does not show any of ...