This is another of the recent rash of cases in which defendants have been seeking to overturn their continuing criminal enterprise (CCE) convictions under 21 U.S.C. § 848 due to the district court's failure to give appropriate instructions that the jury must unanimously agree which of the specific violations constituted ...

This decision is noted for Judge Wardlaw's dissent from the majority's decision not to vote for a rehearing en banc of its decision previously reported at 198 F.3d 1083, where the panel struck down provisions of the Child Pornography Prevention Act.

In a panel's previous decision, reported at 198 F.3d ...

United States v. Barrios-Gutierrez, 218 F.3d 1118 (9th Cir. 2000) (Judge Fletcher)
United States v. Littlejohn, 224 F.3d 960 (9th Cir. 2000) (Judge Trott)

Both of these cases raise some surprisingly rare rumblings of judicial discontent about the rigid and literal requirements of Fed.R.Crim.P. 11(c) which mandates only a bare ...

United States v. Barrios-Gutierrez, 218 F.3d 1118 (9th Cir. 2000) (Judge Fletcher)
United States v. Littlejohn, 224 F.3d 960 (9th Cir. 2000) (Judge Trott)

Both of these cases raise some surprisingly rare rumblings of judicial discontent about the rigid and literal requirements of Fed.R.Crim.P. 11(c) which mandates only a bare ...

Famous quote from State Justice Lummus about the need for guilty pleas and the likely effects on the criminal justice system should the high ratio of guilty pleas decline.

QUOTE OF THE WEEK - The criminal justice system’s addictive need for guilty pleas.

"If all the defendants should combine to ...

United States v. Swatzie, 228 F.3d 1278 (11th Cir. 2000) (Judge Cox)
United States v. Maslin, 2000 WL 1294254 (N.D.N.Y. 9/14/00) (Judge McAvoy)

The Supreme Court’s decision on June 26, 2000 in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) continues to generate huge shock waves throughout ...

The defendant is this case pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g). Without any enhancements, the base offense level for illegal possession of a gun by a “prohibited person” is level 14. Here the district court concluded that the ...

Here the Ninth Circuit held that in order to recover legal fees under the Hyde Amendment (18 USC § 3006A) the defendant must show more than a successful litigant must show under the Equal Access to Justice Act.

In this case, the defendant was convicted of conspiracy to defraud the ...

In this case the Government prosecuted both an individual shareholder and the company which he controlled for various violations of the Clean Water Act, but it ultimately sought to dismiss the indictment without prejudice because "in the course of preparing for trial, it determined that the evidence was insufficient to ...

Here, after the defendant was convicted of tax evaision following an earlier remand, the Court held that an unchallenged certificate of assessment is prima facie evidence of a deficiency when a taxpayer who filed no return is charges with tax evasion.

Here the Court concluded: "When a taxpayer fails to ...

Here, slightly modifying its previous decision reported at 198 F.3d 745, the Court held that an unchallenged presentence report was sufficient to prove by clear and convincing evidence the facts supporting a sentencing enhancement.

In this revised decision, the Court acknowledged that there is some uncertainty in the Ninth Circuit ...

This case is a revealing example of the expanding role of criminal prosecutions pressed by corporations arising out of what were previously civil suits. It is also only the second court to look at the scary provisions of the Economic Espionage Act of 1996 (18 U.S.C. §§ 1331, et seq.) ...

United States v. Swatzie, 228 F.3d 1278 (11th Cir. 2000) (Judge Cox)
United States v. Maslin, 2000 WL 1294254 (N.D.N.Y. 9/14/00) (Judge McAvoy)

The Supreme Court’s decision on June 26, 2000 in Apprendi v. New Jersey, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) continues to generate huge shock waves throughout ...

The two defendants in this consolidated appeal, Francisco Jimenez Recio and Adrian Lopez-Meza, appealed their convictions of conspiracy to possess with intent to distribute a controlled substance. Jimenez Recio also appealed his conviction for possession with intent to distribute.

Recio and Lopez-Meza were arrested for their part in transporting a ...

QUOTE OF THE WEEK - The criminal justice system’s addictive need for guilty pleas.

"If all the defendants should combine to refuse to plead guilty, and should dare to hold out, they could break down the administration of criminal justice in any state in the Union. . . . The ...