Here, in one of the most detailed analyses of the Second Amendment that we have seen, the Court held that the Constitution does guarantee an individual the right to bear arms, but that the right may be limited by appropriate legislation from Congress.
In 1999, Judge Cummings of the N.D.Tex. …
As various panels of judges continue to rush to publish the definitive interpretation of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466 (2000), it has become increasingly apparent that the panels have often created a patchwork of rulings that are not consistent with each other. Thus, …
The case deals with the sentence enhancement provisions contained in 21 U.S.C. § 851(a)(1), which states in relevant part: “No person who stands convicted of an offense under this part shall be sentenced to increased punishment by reason of one or more prior convictions, unless before trial, or before entry …
The petitioner in this case was convicted of capital murder and sentenced to death. After exhausting his state appeals, he sought habeas relief from the District Court the Northern District of Texas. When that was denied, he sought a certificate of appealability (COA), which was also denied. The case was …
Under the Federal Sentencing Guidelines, a defendant’s sentence may be increased based on “relevant conduct” as determined by the sentencing judge - even if the relevant conduct arises out of crimes or acts for which the defendant has not been charged or crimes for which the defendant has actually been …
The decision in this case sends a clear and disturbing message: sometimes, no matter how egregious the facts may be, appellants will have a difficult time obtaining justice simply because there is an appalling rubber-stamp approach to the handling of many criminal appeals.
Wayne Hunt was convicted in state court …
In this prosecution of a number of doctors for violations of the Medicare Antikickback Act, 42 USC § 1320a-7b(b), the Court held that a defendant may be found guilty under that Act when his offer, payment, solicitation, or receipt of remuneration was motivated merely in part to induce or in …
This case is noted for its detailed discussion of the Government's use of the Federal Debt Collection Procedures Act (28 USC §§ 3303 et seq.) to force payment of a restitution award after the defendant was accused of making a fraudulent transfer.
