There were two Apprendi claims raised in this direct appeal. The defendant was convicted of two drug counts involving the illegal importation of cocaine. On appeal, he argued, inter alia, that the district court erred in its drug quantity determination when it attributed 20-to-50 kilograms of cocaine the him for ...
Here the Court granted a reheariing in part of its previous decision reported at 225 F.3d 556, and amended in minor respects that prior decision, but still concluded that there was no plain error in the prior sentence that had been imposed.
United States v. Kloda, 133 F.Supp.2d 345 (S.D.N.Y. 2001) (Judge Hellerstein)
United States v. Link, 122 F.Supp.2d 907 (N.D.Ill. 2000) (Judge Bucklo)
Under the Guidelines, sentencing departures based on family ties and responsibilities are not only discouraged, they are rare. U.S.S.G. § 5H1.6 flatly states that family ties and responsibilities ...
Here the Court granted downward departures to a father and daughter in a tax fraud case based on a combination of factors including family circumstances in a decision that is noteworthy due to its call for compassion at sentencing.
United States v. Kloda, 133 F.Supp.2d 345 (S.D.N.Y. 2001) (Judge Hellerstein) ...
In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards)
United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby)
United States v. Johnson, 241 F.3d 1049 (8th Cir. 2001) (Judge Beam)
These three cases present an excellent overview of the current status of the law ...
In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards)
United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby)
United States v. Johnson, 241 F.3d 1049 (8th Cir. 2001) (Judge Beam)
These three cases present an excellent overview of the current status of the law ...
In Re Sealed Case, 244 F.3d 961 (D.C. Cir. 2001) (Judge Edwards)
United States v. Duncan, 242 F.3d 940 (10th Cir. 2001) (Judge Brorby)
United States v. Johnson, 241 F.3d 1049 (8th Cir. 2001) (Judge Beam)
These three cases present an excellent overview of the current status of the law ...
In April 2000, the defendant in this case, Jose Garcia, pled guilty to a drug trafficking charge, in violation of 21 U.S.C. § 841(a). He was released on bail, subject to the condition that he wear an electronic ankle bracelet so his whereabouts could be monitored. In July, 2000, the ...
In this case, a divided panel from the Eighth Circuit took the rare step of affirming an order by the district court excluding certain DNA evidence as a discovery sanction against the Government, even though the Court acknowledged that the evidence in question was “critical” to the Government’s case. The ...
In this case the Court affirmed the district court's decision not to grant a downward departure to a defendant who claimed that his crime of distributing crack cocaine was the result of a significantly reduced mental capacity in the form of a severe depression.
In its analysis, the Court emphasized ...
This is an important decision in which Judge Gershon held that a common provision of the Government’s “standard” proffer agreement that is used in the Eastern District of New York was so one-sided and unfair as to render it constitutionally defective and unenforceable - among other reasons because it violated ...
