In rejecting a claim of selective prosecution in this case, the Eleventh Circuit elaborated on the first prong of the Armstrong test [U.S. v. Armstrong, 517 U.S. 456 (1996)] by defining a "similarly situated" person for selective prosecution purposes as:
"one who engaged in the same type of conduct, which ...
In this case the Third Circuit held that a district court does not violate the Apprendi rule by increasing a sentence under the Federal Sentencing Guidelines based on a judicial finding of the quantity of the drugs involved so long as the sentence does not exceed the statutory maximum prescribed ...
In this en banc decision, a majority of the court essentially affirmed a panel's previous decision, reported at 190 F.3d 939, over the strong dissent of Judge Reinhardt, in which he was joined by three other judges.
The defendant in this case, Darnell Hayes, a college professor, was a target ...
The issue before the Court in this case was whether a sentencing court consider certified copies of police reports and complaint applications to determine whether a defendant pled guilty to three prior "violent
felonies" qualifying for sentence enhancement under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). Here, ...
This is another in a series of cases involving warrantless searches of bus passengers - and the sole issue address by the court was whether the consent given by each defendant for the search the ensued was "uncoerced and legally voluntary" under the Fourth Amendment.
The defendants were two of ...
United States v. Wash, 231 F.3d 366 (7th Cir. 2000) (Judge Flaum)
United States v. Varoudakis, 233 F.3d 113 (1st Cir. 2000) (Judge Lipez)
It doesn’t take a genius to recognize that, next to a signed confession, evidence of a defendant’s prior crimes is probably the most devastating information that ...
Darity v. U.S., 124 F.Supp.2d 355 (W.D.N.C. 2000) (Judge Thornburg)
Darity v. U.S., 124 F.Supp.2d 590 (W.D.N.C. 2000) (Judge Thornburg)
One of the most contentious Apprendi issues that has arisen to date is whether the Apprendi rule is available retroactively for habeas petitions pursuant to 28 U.S.C. §§ 2241 and ...
The defendant in this case was found guilty on four separate counts invloving the illegal distribution of methamphetamine. Through its verdict form, the jury found that the quantity of methamphetamine involved was at least 1700 grams. The sentencing judge however relied on the presentence investigation report's finding that the actual ...
Although the Second Circuit has not yet ruled on the impact of Apprendi v. New Jersey, 530 U.S. 466 (2000), this decision, written by Judge Sotomayor, takes on particular significance as a harbinger of how the Second Circuit will ultimately rule on Apprendi. Judge Sotomayor presided over the trial in ...
Darity v. U.S., 124 F.Supp.2d 355 (W.D.N.C. 2000) (Judge Thornburg)
Darity v. U.S., 124 F.Supp.2d 590 (W.D.N.C. 2000) (Judge Thornburg)
One of the most contentious Apprendi issues that has arisen to date is whether the Apprendi rule is available retroactively for habeas petitions pursuant to 28 U.S.C. §§ 2241 and ...
Here the Court addressed the tantalizing issue of whether Apprendi entitles a defendant to have a jury decide, by proof beyond a reasonable doubt, every fact that has the real effect of increasing his sentence - a proposition it ultimately rejected.
This decision is noted for Judge Niemeyer’s candid and ...
On June 29, 2000, three days after the Supreme Court’s landmark decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), the Supreme Court sent strong signals about the potential impact of Apprendi on drug convictions. It vacated the first of growing series of sentences imposed in drug cases because ...
The defendant in this case, a 41-year old man of Mexican descent, was sentenced to four concurrent life sentences for the illegal distribution of methamphetamine. On appeal, the Eighth Circuit affirmed the sentences; but the case is particularly noteworthy for Judge Bright’s separate concurring opinion. He concurred in the result ...
In this case, the defendant was originally convicted in the Eastern District of Virginia and was incarcerated at Fort Dix, NJ. His previous § 2255 motion had been denied, as was his request to file a second or successive motion. The court in the District of New Jersey agreed it ...
Here the Court held that, under Apprendi, before a defendant can be sentenced above the default statutory maximum, the drug quantity must be charged in the indictment and found by the jury - although it also held the claim was waived in this case.
In this case, the Seventh Circuit ...
