Here the Court dismissed a habeas corpus petition holding that as a general rule the Attorney General is neither the custodian of an INS detainee in the requisite sense nor the proper respondent to a habeas petition.

In this case, the Court held that the Attorney General should not be ...

Here the Court made a strong and persuasive case for the proposition that in marijuana cases, involving only small amounts which are disputed, the proper statutory maximum sentence is one year under 21 USC § 841(b)(4) not five years under 841(b)(1)(C).

This case addressed an important issue regarding the application ...

The defendant in this case was charged by indictment with one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841. At the same time it filed the indictment, the Government filed a “Notice of Enhanced Penalty,” in which it stated that it would seek ...

Here, disagreeing with decisions from the Fourth and Sixth Circuits, the Tenth Circuit concluded that the term "any court" as used in 18 USC § 922(g) to define prior convictions does not include foreign convictions.

In this case the defendant was convicted of being a felon in possession of a ...

Here the Court held that there was no due process violation when the sentencing court determined by a mere preponderance of the evidence that the defendant should be sentenced for first degree murder even though he had not been charged with that crime.

United States v. Munoz, 233 F.3d 1117 ...

United States v. Munoz, 233 F.3d 1117 (9th Cir. 2000) (Judge Tallman)
United States v. Meyer. 234 F.3d 319 (7th Cir. 2000) (Judge Rovner)
United States v. Ofcky, No. 00-1420, (7th Cir. 1/23/2001) (Judge Cudahy)

To us, one of the most significant legal debates of the last decade involved the ...

Here the en banc court vacated a panel's previous holding (that the Circuit's rule that unpublished decisions have no precedential effect was unconstitutional) - reasoning that decision was now "moot" due to the fortuituous intervention of the IRS.

One of the most intriguing cases of the year 2000 was this ...

Here the Court held that in a prosecution of a felon for possession of a weapon, it was proper for the sentencing judge to determine that the weapon involved was an automatic weapon based on a mere preponderance of the evidence.

United States v. Munoz, 233 F.3d 1117 (9th Cir. ...