Here the Court reversed a Hobbs Act conviction on the grounds that the defendant’s robbery of $4,200 from individual victims did not have a sufficient impact on interstate commerce to support a Hobbs Act conviction.
In 1995 the Supreme Court issued its landmark decision in U.S. v. Lopez, 514 U.S. ...
While the Court’s holding in this case rested largely on Pennsylvania law, it dealt with an important issue that affects many ex-felons, most of whom are required to serve some type of supervision following their release from imprisonment. It has become standard practice to require such ex-felons to sign broad ...
This case is noted because of its review of the law, particularly in the Seventh Circuit, dealing with downward departures based on family circumstances pursuant to USSG § 5H1.6, including when the defendant is a single parent.
Here, in reviewing the criteria to be considered for a donward departure based ...
The defendant in this case pled guilty to two counts of bank robbery. His sentence was enhanced by three levels for “brandishing, displaying, or possessing” a dangerous weapon during the bank robberies, pursuant to the provisions of U.S.S.G. § 2B3.1(b)(2)(E). In both robberies, the defendant handed a note to the ...
The defendants in this case pled guilty to various crimes arising out of a mail and wire fraud scheme which targeted persons over the age of 55. The victims were told that they had won various prizes which could only be claimed after the victims sent money for various “taxes” ...
Here the Court rejected a claim that the district court had erred by sentencing the defendant under USSG § 2S1.2 for a money laundering conviction under 18 USC § 1957 on the grounds that his case was an atypical money laundering offense.
The defendant in this case challenged his sentence, ...
The long history of this saga goes back to well before the Fourth Circuit's 1991 decision in Jean v. Rice, 945 F.2d 82 (4th Cir. 1991) where the Fourth Circuit held that Lesly Jean's due process rights had been violated because of the Government's failure to turn over material impeachment ...
The defendant in this case, a dual U.S. and Bahamian citizen, was seized in a boat in international waters some 40 miles off the Florida coast while allegedly in possession of some $50,000 worth of Cuban cigars. He was forcibly brought to Florida and charged (a) with attempting to smuggle ...
The defendants in this case pled guilty to various crimes arising out of a mail and wire fraud scheme which targeted persons over the age of 55. The victims were told that they had won various prizes which could only be claimed after the victims sent money for various “taxes” ...
In discussing the scope of permitted departures under U.S.S.G. § 5H1.5, the court stated that "for most defendants, holding a steady job is not extraordinary, but in fact expected. . . . We have cautioned that
the Guidelines do not permit district courts to grant "'middle class"' sentencing discounts,' because ...
This is the first case we have seen in which a court granted a downward departure on its own motion so the court could impose a sentence of probation rather than a sentence of imprisonment in order to make sure that the defendant would be subjected to a longer term ...
In this case, the Sixth Circuit departed company with most other Circuits that have ruled on the issue and held that Congress does not have the power under the Commerce Clause to criminalize the nonpayment of state-court-ordered child support, under the provisions of the 18 U.S.C. § 228. (As a ...