Here the Court rejected the defendant's contention that Apprendi requires the jury to determined the amount of the tax liability in a tax fraud prosecution - "at least" because the defendant's sentence of three years fell within the statutory maximum.

The defendant in this case was convicted of filing false ...

Here the 2nd Circuit reversed a district court’s refusal to grant a downward departure based on diminished capacity, pursuant to USSG § 5K2.13, because the district court either refused to exercise its discretion or believed it lacked authority to depart.

The defendant in this case pled guilty to a one-count ...

Here, after its earlier decision was vacated by the Supreme Court based on Apprendi, the Seventh Circuit again affirmed the 30-year sentence imposed on the defendant based on the "overwhelming" evidence that his drug crime justified that sentence.

On October 30, 2000, the Supreme Court vacated the 30-year sentence that ...

This case is noted for its detailed listing of the types of constitutional claims that are not barred as the result of a guilty plea, holding here that the defendant's plea did not bar him from challenging the denial of the Government's motion to dismiss.

In this case the Court ...

The defendant in this case was charged with violating 18 U.S.C. § 922(g)(8) - possessing a firearm while subject to a domestic violence order; and he challenged that statute claiming it interfered with his Secon Amendment rights to bear arms. The Court noted that it had never previously addressed a ...

This is Judge Wood’s fifth decision on Apprendi and she is certainly not moving away from her almost unrestrained definition of “plain error” or from her position that a defendant who has failed to raise an Apprendi claim in a timely manner can almost never obtain relief under Apprendi - ...

In this case, a Federal border agent, patrolling a regular vehicle checkpoint, stopped a minivan carrying two adults and three children on an unpaved road in a remote area of southern Arizona. The vehicle was found to be carrying 128 pounds of marijuana; and the defendant was charged with violating ...

Here the court rejected a series of regulations imposed by the Michigan Department of Corrections which limited the rights of prisoners to receive visitors, calling the regulations capricious and not reasonably related to a valid penological purpose.

The plaintiffs in this case, a class of prisoners incarcerated by defendant Michigan ...

The defendant in this case, Joseph Ramsey, who was 19 years old at the time he committed his crime, pled guilty to three counts of distribution of crack cocaine, and he was sentenced to 121 months imprisonment. On appeal, he challenged the use of a two-level sentencing enhancement pursuant to ...