This is a significant decision dealing with the constitutionality of one of Congress’s pet rocks - the “three strikes” statutes. The defendant in this case challenged his life sentence on the grounds that a provision of the “three strikes” statute under which it was imposed was unconstitutional because that section, ...

The predecessor to this decision was District Judge Wolf’s explosive 661-page opus reported sub nom. U.S. v. Salemme, 91 F.Supp.2d 141 (D.Mass. 2000) (See P&J, 9/6/99) - a case we described as “a troubling expose of a very dark side of the FBI which tacitly condoned many crimes, probably including ...

Here, joining the 10th Circuit, the First Circuit held the Guidelines’ 16-level sentencing enhancement for aliens convicted of a previous felony applies even if the defendant’s previous felony conviction was vacated subsequent to his deportation.

The facts in this case were simple and undisputed. The defendant first illegally entered the ...

The closing lines of the poem that is inscribed at the entrance to the pedestal of the Statute of Liberty in New York Harbor still says to the world: “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send ...

This case is noted principally as one of many key decisions in the long and shameful saga of the many efforts by the FBI, the Department of Justice and many government officials to obstruct any investigation into the clandestine and protected activities of James (Whitey) Bulgar and Stephen (the Rifleman) ...

The defendant in this case challenged the district court's refusal to grant a "safety valve" sentence reduction under U.S.S.G. § 5C1.2 in two ways. First, he contended that the government's representations--both written and oral--that it expected Nelson to be eligible for the safety valve obligated the government not to oppose ...

This direct appeal dealt with numerous challenges to the convictions and sentences of three defendants following a trial at which they were convicted of various drug conspiracy and money laundering charges. Of particular interest were the sentences imposed on defendants Corey Angle and James Phifer. Both were found guilty of ...

The defendant in this case was convicted, after a jury trial, on one count of possession of a firearm by a convicted felon, in violation of 18 U.S.C. S 922(g)(1). The district court sentenced him pursuant to the enhanced penalties under the Armed Career Criminal Act of 1984 (ACCA), 18 ...

Here a majority of the Court - over the strong dissent of Judge Merritt - held that a provision of the "three strikes" statute requiring the defendant to disprove his eligibility for a life sentence was constitutional and that Apprendi did not apply.

Last year, in U.S. v. Gatewood, 184 ...