The defendant in this case pled guilty to assault with intent to murder her estranged husband, in violation of 18 U.S.C. § 113(a)(1), and to use of a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). She and her husband were involved in ...
Using the “best guess approach,” the Seventh Circuit held in this case that the Supreme Court’s recent decision in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) does not apply to the harsher life imprisonment provisions of the CCE statute, 21 U.S.C. § 848.
The defendants in ...
This case arose out of the government's prosecution of an elaborate financial scam, perpetrated in large part by the four defendants whose convictions were overturned in the Court's original opinion, United States v. Polichemi, 201 F.3d 858 (7th Cir. 2000).. In that case the Seventh Circuit concluded that the
convictions ...
Here the Court held that to determine whether a search was justified by an emergency, it must not be motivated primarily by an intent to arrest and seize evidence; examining the motivation is necessary tosafeguard against pretextual searches.
In this case the Ninth Circuit adopted a three-part test for determining ...
This case is a follow-up to the Ninth Circuit’s decision in U.S. v. Nordby, No. 99-10191 (9th Cir. 9/11/2000), which was discussed in last week’s issue of P&J (8/28/00). Once again, the Ninth Circuit has held that, under the ruling in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d ...
The defendant in this case was convicted of various drug crimes involving the distribution of methamphetamine in violation of 21 U.S.C. §§ 841 and 846. He was originally sentenced to a term of imprisonment of 135 months, but that sentence was vacated when the Ninth Circuit found that at least ...
The issue addressed by the Court in this case was whether the defendant's conviction should be set aside because the district court failed to advise the defendant, at his plea allocution, of his right to be represented by counsel at trial, as required by Rule 11 of the Fed.R.Crim.P. The ...
In this case, District Judge Rhoades acknowledged that Apprendi required the Court to “revisit” the issue of whether 21 U.S.C. § 841(b) sets forth sentencing factors for the judge to decide or elements of the crime that must be proven to the jury beyond a reasonable doubt. However, “after exhaustive ...
Here the District Court held that the rule established by the Supreme Court in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) “mandates that in cases in which the government seeks increased penalties, the amount of drugs involved in a violation of section 841 is an element ...
Mendoza Toro v. Gil, 106 F.Supp.2d 306 (D.Puerto Rico 2000) (Judge Laffitte)
Mendoza Toro v. Gil, 110 F.Supp.2d 28 (D.Puerto Rico 2000) (Judge Laffitte)
These two decisions represent an interesting tale about (a) what could soon be one of the shortest careers in the history of the U.S. Department of ...
Mendoza Toro v. Gil, 106 F.Supp.2d 306 (D.Puerto Rico 2000) (Judge Laffitte)
Mendoza Toro v. Gil, 2000 WL 1092319 (D.Puerto Rico 7/26/2000) (Judge Laffitte)
These two decisions represent an interesting tale about (a) what could soon be one of the shortest careers in the history of the U.S. Department of ...
In this case a majority of the en banc Court affirmed the granting of a huge 21-level downward departure to a wife accused of the attempted murder of her husband, despite the fact that the crime was well-planned and relentlessly executed, holding that the lack of spontaneity does not necessarily ...
