In this case District Judge Sifton granted a defendant a one-level downward departure from his Guideline sentencing range of 30-37 based on the defendant's "voluntary agreement to be deported from the United States at the completion of his prison term for possession of drugs with intent to distribute. For a ...

This decision is noted principally for its probing discussion and perceptive analysis of the factors that bear on the reliability of eyewitness identification - although this case also demonstrates an appalling example of judicial “gamesmanship at its worst.”

The defendant was convicted of bank robbery and he appealed arguing, inter ...

In this case, the district court denied the defendant's motion to introduce expert testimony of the accuracy of eyewitness identification in part based on the defendant's alleged tardiness in seeking to introduce that evidence. The district court commented that it was "too late in the day" to consider the defendant's ...

In this case the Government and the defendant disputed whether the law requires an individual who is not a shareholder of record but who, as a "de facto " shareholder or as holder of an "ownership interest" or who otherwise shares the profits of an S corporation, must be listed ...

In this case, the petitioner was convicted in a California state court of second degree murder as an aider and abettor. On appeal, one of the issues he raised was that the trial court’s refusal to instruct the jury on the lesser included offense of involuntary manslaughter constituted reversible error. ...

QUOTE OF THE WEEK - Some judicial thoughts on the role of jurors.

"One enduring element of the jury system, no less vital today than two centuries ago, is insulation from questions about how juries actually decide. Jurors who volunteered that they did not understand their instructions would not be ...

Here the Court affirmed the rejection of a long list of challenges to a Washington law that permits prisons to deduct 35% of funds received by prisoners from outside sources, including funds derived from ERISA-qualified pension plans.

This is an interesting decision that deals with a class action lawsuit brought ...

In this case the Court held that the provisions of 18 U.S.C. § 3624(c) do not create a liberty interest that compels the Bureau of Prisons to place an inmate in a halfway house or on home confinement before his sentence expires.

In this case, the petitioner contended that the ...

Here the Seventh Circuit held that applying a sentence enhancement under USSG § 2K2.1(b)(5) for using a firearm in connection with another felony offense is impermissible double counting if both offenses consist of essentially the same conduct.

In this case the Seventh Circuit joined a Circuit split on the issue ...

In this case, the defendants were charged with a number of crimes arising out of an alleged staged flooding at a warehouse, caused by a broken sprinkler head, which led to damages that was claimed on an allegedly fraudulent insurance claim. At trial, the district court allowed the admission of ...

Here Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax evasion, on the grounds of mental illness/diminished capacity, and aberrant conduct, both independently and in combination.

In this case, Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax ...

Here Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax evasion, on the grounds of mental illness/diminished capacity, and aberrant conduct, both independently and in combination.

In this case, Judge Gertner approved a seven-level downward departure for a defendant charged with embezzlement and tax ...

Here, amending in minor respects a panel's decision, the Court held that the existence of a “toxic” conflict between a public defender and her client required a hearing to determine whether the defendant had been denied effective assistance of counsel.

The defendant in this case was convicted in a California ...