This case presents a compelling argument for the minority view among the Circuits that there are burden of proof limits on the uninhibited use of "judicial estimates" when determining the amount of drugs that should be attributed to a defendant for sentencing purposes. The decision is also noteworthy because it ...

Here the 7th Circuit joined most of the other Circuits in holding that the failure to tell an alien of his rights to contact his consulate, as specified in the Vienna Convention, does nor warrant exclusion of statements made by the alien while in custody.

The defendants in this case, ...

Here, the district court permitted an amendment, filed beyond the one-year statute of limitations, of a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, implicitly finding that the petitioner's Apprendi claim was timely because it asserted a right "newly recognized by the Supreme Court and ...

Here the Court affirmed an obstruction of justice enhancement under USSG § 3C1.1 based on a defendant’s delay in giving a handwriting exemplar is proper even in the absence of any substantial effect on the investigation and prosecution of the case.

United States v. Maccado, 225 F.3d 766 (D.C. Cir. ...

This is one of those flim-flam sentencing decisions involving that special brand of “now-you-see-it-now-you-don’t” evidence that exists only at sentencing and only in America. The decision is particularly noted because it helps to put into sharp focus the concept that evidence not good enough for the jury can still be ...

QUOTE OF THE WEEK - The Guidelines’ “extraordinary and totally unprecedented step” of punishing relevant conduct with the same severity as counts of conviction.

"Endeavoring to strike a balance between punishing only for the offense of conviction and punishing for all wrongful conduct that could be established at a sentencing ...

This case deals with an issue frequently faced by defense counsel, namely when, and under what circumstances, can a defendant obtain copies of pretrial service reports and presentence reports that pertain to a Government witness?

In general, pretrial services materials are treated as confidential under the provisions of 18 U.S.C. ...

The Court rejected an attempt to use a Pinkerton theory of vicarious liability to sustain a conviction for possession of a gun by a felon, where it could not establish constructive or actual possession, holding it was an unwarranted expansion of Pinkerton.

In this case, the Court dismissed an attempt ...

Here the 11th Circuit reversed the dismissal of a civil rights lawsuit brought by two former prisoners against a Sheriff, holding that her appalling deliberate indifference to the medical needs of the plaintiffs precluded the defense of qualified immunity.

This case deals with the defense of qualified immunity; but it ...

The defendant in this case did not plead guilty to a violation of either concealment or reinvestment money laundering under 18 U.S.C. § 1956, but instead pleaded guilty to a violation of 18 U.S.C. § 1957, engaging in monetary transactions in property derived from unspecified unlawful activity. Nevertheless, in its ...

United States v. Maccado, 225 F.3d 766 (D.C. Cir. 2000) (Judge Rogers)
United States v. McSherry, 226 F.3d 153 (2nd Cir. 2000) (Judge Jacobs)

As these two cases show, there are significant differences in the criteria for imposing obstruction of justice sentencing enhancements under the Guidelines. Maccado dealt with the ...

The central issue is this habeas case was whether, in 1995, the omission of a premeditation charge from a state information charging attempted murder combined with its subsequent inclusion in the jury instructions constituted a constructive amendment to, or a mere variance of, the information. On that issue, the Court ...