Here, after the Supreme Court had vacated the sentence imposed in this case and remanded it for reconsideration in light of Apprendi, the Seventh Circuit again affirmed the same sentence on a number of grounds including a finding of procedural default.

To date, the Supreme Court has vacated sentences that ...

Here the Court affirmed a downward departure under USSG § 5K2.13 based on the defendant's gambling disorder, and held that there was no error in the district court's finding that the gamblin problem qualified as a significantly reduced mental capacity.

In this case the Government appealed from a ruling by ...

Here Judge Nickerson became the first judge to hold that, under Apprendi, any facts that increase a defendant's sentence beyond the sentencing range prescribed by the Guidelines must be submitted to the jury and proved beyond a reasonable doubt.

One of the issues that has frequently arisen under Apprendi v. ...

One of the issues involved in this case was an Apprendi sentencing claim; and, although the Court was willing to concede that there was one Apprendi error (in fact there were two), it stretched the limits of both logic and law to deny any relief - even though the effective ...

This is a significant habeas corpus decision in which the Court held that the Supreme Court does not have to expressly declare a new rule of law retroactive for purposes of the AEDPA's limitations on successive petitions if it is a "watershed" decision.

This is an intriguing decision which addresses ...

Here the Court held that the omission of an element in the indictment limits the court's subject-matter jurisdiction to trying, convicting, and sentencing the defendant solely on the facts and offenses charged in the indictment, and because the defect is jurisdictional, it cannot be cured by the absence of prejudice ...

In ruling that 8 U.S.C. § 1226(c) (which mandates detention during an alien's removal hearings) is unconstitutional, the Court stated in part: " Federal district courts have divided over the question of whether the mandatory detention provisions violate an alien's due process rights. See e.g., Danh v. Demore, 59 F.Supp.2d ...