The defendants in this case were convicted for their roles in attempting to distribute 486 kilograms of cocaine in the United States. In true Iran-contra style, they argued that their criminal acts should be exonerated under the “public authority” provisions of Fed.R.CrimP. 12.3 because their crimes were authorized and approved ...

In this case the Court affirmed a district court decision which held that polygraph evidence was properly excluded under the standards laid down by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals.

Here the defendant, who was caught driving a van containing a large amount of cocaine, contended that ...

The Court stated that American-Arab actually "strengthens Goncalves in one pertinent respect: by narrowly construing section 242(g), it makes that provision even less useful to the government as a basis for restricting the use of habeas to challenge statutory interpretations adopted in final deportation orders for which direct review is ...

Wyatt v. Leonard, 193 F.3d 876 (6th Cir. 1999) (Judge Merritt)
Lavista v. Beeler, 195 F.3d 254 (6th Cir. 1999) (Judge Merritt)

Both of these cases deal with the requirement in the Prison Litigation Reform Act (42 U.S.C. § 1997e(a)) that, prior to filing a Bivens-type claim (see, Bivens v. ...

Here the Court held that the jurisdictional element of 18 USC § 2252(a)(4)(B) did not bring that statute within the Commerce Clause, but that the statute did generally regulate an activity having a substantial relation to interstate commerce and was valid.

The precise issue before the Court in this case ...

Here the Court held that in an excessive force case, a material issue as to whether an officer used excessive force precludes granting a summary judgment motion based on a defense of qualified immunity; but see the Supreme Court's subsequent reversal.

The Court stated the issue as follows: "For many years, the courts of appeals have been divided over what legal standard obtains when a convicted defendant premises a motion for new trial on a claim that he has newly discovered that the case against him was based in part on ...

Here the Court held that making phone calls from Mexico to the U.S. in arranging a murder-for-hire satisfied the jurisdictional element of 18 USC § 1958.

The principal issue addressed by the Court in this case was whether there was sufficient evidence to show that Cisneros met the interstate/foreign commerce ...

Here, in commenting on her power to determine whether a defendant's past criminal history adequately reflects the seriousness of the crimes, Judge Gertner commented: "[J]ust because the Guidelines seem to give a judge the discretion to look to criminal conduct rather than convictions, it does not mean that a judge ...

The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President John F. Kennedy and other prominent figures. At a presentencing conference, the Court indicated that some of the ...

In this case Judge Gertner held that the victims of a prostitution ring, none of whom were included in the indictment, were not "participants" with the leader of the prostitution ring for purposes of justifying a § 3B1.1(a) enhancement.

In this case the Fourth Circuit held that a state prosecutor failed to fulfill his duty under Brady v. Maryland, 373 U.S. 83 (1963), when he failed to inform the defense that the attorney for an “eyewitness”, who was testifying in exchange for leniency, had initially indicated that his client ...

The defendant in this case was convicted of 13 counts of wire and mail fraud for his role in a scheme to sell fraudulent documents alleged to contain the handwriting of President John F. Kennedy and other prominent figures. At a presentencing conference, the Court indicated that some of the ...

Here the Sixth Circuit joins a minority of Circuits in holding that a Federal prisoner must exhaust his internal grievance procedures before filing a Bivens-type action even where the claim is only for money damages which the BOP can't award.

Wyatt v. Leonard, 193 F.3d 876 (6th Cir. 1999) (Judge ...

Here the Court rejected the defendant'c claim that a prior nolo contendere plea should not be counted towards his criminal history category, citing the express language of Application Note 9 to USSG § 4A1.1(c) and § 4A1.2(f).

In this case the dedendant argued that his prior nolo contendere plea should ...

Here the Court held that the Government's two-day delay in informing the defendant about his right to contact the Mexican Consulate violated the Vienna Convention on Consular Rights, but did not prejudice defendant to warrant suppression.

The Court concluded that the arresting authorities clearly violated the Vienna Convention by failing ...

The defendants in this case were convicted for their roles in attempting to distribute 486 kilograms of cocaine in the United States. In true Iran-contra style, they argued that their criminal acts should be exonerated under the “public authority” provisions of Fed.R.CrimP. 12.3 because their crimes were authorized and approved ...

In a well-reasoned and impressive decision United States Magistrate Judge Komives held that the Prison Litigation Reform Act (PLRA) section limiting attorney fee awards to inmates under 42 U.S.C. § 1988 to 150 percent of the monetary judgment awarded in the underlying civil rights action violated the Equal Protection Clause. ...

The Court sumarized its position as follows: "The federal bail-jumping statute in effect in 1982, when Ducharme did not appear as ordered before the U.S. Marshal, provided in relevant part:

Whoever, having been released pursuant to this chapter, willfully fails to appear before any court or judicial officer as required, ...

In this case, the Court departed from the holdings in several other Circuits which have focused on the word "available" in 42 U.S.C. § 1997e(a), holding that administrative remedies need not be exhausted if they could not provide the remedy that the prisoner was seeking. See, e.g., Whitley v. Hunt, ...

The opening paragraphs of this decision depict Government officials at their worst - racially motivated and vindictive in the extreme. Judge Ferguson explained: “This civil rights case is based on allegations of conduct by United States Customs inspectors in the performance of their official duties which a jury could find ...

United States v. Jones, 194 F.3d 1178 (10th Cir. 1999) (Judge Lucero)
United States v. Santos, 195 F.3d 549 (10th Cir. 1999) (Judge Tacha)

Both of these cases deal with the latest expansion of one of the most untenable fictions of America’s drug laws, namely that the “quantity” of drugs ...

In this case the Ninth Circuit reaffirmed its view that a sentencing court may not use uncharged conduct as a basis for an upward departure since by accepting the plea agreement the court has implicity found the agreement fair.

This case is noted for its discussion of the Circuit split ...

In this case, the defendant, who was convicted after trial, claimed that his counsel had been ineffective in not advising him that, if he was convicted after trial, he would be subject to consecutive sentences on some of the charges. He claimed that had he been aware of that fact ...

In this case the Court reversed the district court's determination that no loss had occurred because the insurors had issued insurance policies (and were thus committed to pay the claims) before the defendants made any misrepresentations.

The petitioner in this capital case moved for writ of habeas corpus on the grounds that his attorney, Joe Frank Cannon, had slept through substantial portions of his trial. Numerous witnesses (jurors as well as court personnel) presented uncontroverted testimony of the times they had noted the attorney nodding off ...

In analyzing whether the women who were used in a prostition ring should be treated as "vulnerable victims" within the meaning of U.S.S.G. § 3A1.1, (and after the age of the women had already been taken into account under the provisions of § 2G1.2), Judge Gertner stated: "Because age is ...

In this case the Court held that drug quantites need not be pleaded nor proved to obtain a conviction, and the decision is particularly noted for its detailed analysis of Jones v. U.S., 526 U.S. 227 (1999).