United States v. Davis, 260 F.3d 965 (8th Cir. 2001) (Judge Beam)
United States v. Gray, 260 F.3d 1267 (11th Cir. 2001) (Judge Marcus)

Here, the Eighth and Eleventh Circuits joined with the Fifth, Sixth, Seventh, Ninth and Tenth Circuits in holding that the burden-shifting scheme of the Federal three-strikes ...

Here, the Eighth Circuit joined with decisions from the Fifth, Sixth, Seventh, Ninth, Tenth and Eleventh Circuits in holding that the burden-shifting scheme of the Federal three-strickes statute (18 USC § 3359) does not violate the due process clause.

United States v. Davis, 260 F.3d 965 (8th Cir. 2001) (Judge ...

In this case the panel held that where the officers could have called in the license plate to determine if the car had been reported stolen, and where the officers testified to different versions of the incident, the district court's credibility determination was not clearly erroneous.

Here, over the dissent ...

In early August, 2000, barely a month after the Supreme Court issued its decision in Apprendi v. New Jersey, District Judge Doty of Minnesota wrote a decision that instantly became an important part of the Apprendi landscape. That decision, U.S. v. Murphy, 109 F.Supp.2d 1059 (D.Minn. 2000) (Murphy I), not ...

This en banc decision is principally noted for the dissenting opinions which argued that it was improper to judge Apprendi sentencing errors by the "seriously affecting fairness" standards of Johnson v. U.S. and Neder v. U.S.

The four separate opinions that comprise this lengthy en banc decision present a fairly ...

In this case the Fourth Circuit clarified the application of its holding in U.S. v. Promise, 255 F. 3d 150 (4th Cir. 2001), in an important way. In Promise, the Fourth Circuit held (1) that drug quantity "must be treated as an element of an aggravated drug trafficking offense" under ...

Here the Court held that the Government can file a new superseding indictment after the applicable statute of limitations period has expired to comply with Apprendi if the defendants had effective notice of the events charged in the new indictment.

The issue addressed by the Court in this case was ...

Here the Court rejected a claim that Apprendi required that certain factors that affected the defendant's sentence for a mail fraud conviction had to be submitted to the jury since the ultimate sentence did not exceed the statutory maximum.

The defendant in this case was convicted of mail fraud, in ...

Here the Court restricted, both temporally and substantively, the Government’s obligations to provide a defendant with exculpatory and impeachment materials, holding that such disclosure need only be made in time for “its effective use”.

In this keenly awaited decision, a panel from the Second Circuit (consisting of Judges Cabranes, Newman ...

This case is noted as one of the rare, published cases to probe some of the internal workings of the secretive and highly pampered entity known as the Federal Prison Industries, Inc. (FPI), the multi-million- dollar manufacturing conglomerate of the Department of Justice. FPI was chartered in 1934 by a ...

In this case, the Court approved a special eight-level downward departure for “extraordinary acceptance of responsibility” - on top of the three level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. Although the facts that led to that departure are highly unusual, the court’s ruling provides a detailed exegesis ...