Proving once again that the rights of criminal defendants are often determined by word games played on slippery slopes, a sharply divided Supreme Court held last week that a criminal suspect’s constitutional right to have an attorney present during a custodial interrogation is “offense specific” and does not extend to ...
This decision is another chapter in the explosive, headline-grabbing saga that resulted from an “unholy alliance” between Stephen J. Flemmi and the FBI. Flemmi, who the First Circuit has described as “one of Boston’s most notorious gangsters,” served as a prized, secret and well-protected confidential informant of the FBI for ...
As explained by the majority in this case: "The primary issue for decision is whether we should overrule the holding of Gibbs v. Roman, 116 F.3d 83 (3d Cir. 1997), interpreting 28 U.S.C. § 1915(g). Under this statute, popularly known as the "three strikes" rule, a prisoner may not file ...
Here the Fourth Circuit held that there was no Apprendi error in imposing a five year term of supervised release on the defendant under 21 USC § 841(b)(1)(C), disagreeing with the 5th Circuit's ruling in U.S. v. Meshack, 225 F.3d 556.
The Fifth Circuit had previously concluded that unless 21 ...
This case is noted for its extended discussion of Guideline Amendment 591, which became effective on November 1, 2000, and which is significant because it changed the method of determining the proper Guideline section applicable to different crimes.
The defendant in this case operated a vocational school for aspiring beauticians; ...
Here the Court held that under 7th Circuit precedent a trial judge is not required to submit the issue of drug quantity to the jury so long as the sentence imposed is not more severe than the statutory maximum for the offense imposed by the jury's verdict.
Among the many ...
This decision is noted principally for its detailed review and analysis of whether the Supreme Court’s ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000) applies retroactively to initial habeas corpus petitions. Understandably, that is a topic that has flooded the prison rumor mills with false information - even ...
