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.

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 ...

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 ...

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 ...

Here the Court denied a Certificate of Appealability that the capital defendant sought on the grounds that the prosecution had systematically violated the Batson rule by removing 10 0f 11 black prospective jurors.

The petitioner in this case was convicted of capital murder and sentenced to death. After exhausting his ...

Here a divided panel from the 9th Circuit held that the procedural requirements for filing an information to seek a sentencing enhancement under 21 USC § 851(a) is not jurisdictional in nature and can be waived - contrary to the views of 8 other Circuits.

The case deals with the ...

Here the en banc Court rejected the defendants' contention that Apprendi invalidated their guilty pleas because the court did not advise them of all the elements of the offense and because the pleas were induced by threats of harsher punishment.

As various panels of judges continue to rush to publish ...

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. ...