Here the court vacated as improper the imposition of three consecutive, three year terms of supervised release imposed on three different counts of conviction on the grounds that the law does nor permit consecutive terms of supervised release.
This is another case that shows how courts can err in the …
Here the Court held that a “gag order” placed by Judge Politan of the D.N.J. on a defense attorney who had been removed from the case constituted an unreasonable and unwarranted invasion of the attorney’s First Amendment rights.
This is an interesting case involving the validity of a gag order …
Although supervised release is now an obligatory component of virtually every Federal sentence, it is sometimes amazing how much confusion reigns at sentencing about some very basic issues - including the scope and permissible terms of supervised release. Admittedly, the supervised release component of a sentence is usually the last …
In this decision the en banc court held that under Oregon v. Elstad, 470 U.S. 298 (1985), a Mirandized confession must be suppressed only if the confession was tainted by unwarned statements that were involuntary. Suppression of the warned confession is not required if the unwarned statements were elicited by …
The petitioner in this case, Mack Green, sought to challenge his conviction and sentence pursuant to 28 U.S.C. § 2255. As part of that proceeding, he applied for in forma pauperis status. Although the district court never made an explicit finding that Green was indigent, it did allow him to …
The defendant in this case was indicted on four counts of mail fraud and one count of access device fraud (in violation of 18 U.S.C. § 1029(a)(2) and (c)(1)(b) arising out of his activities in using the identities and social security numbers of other people to obtain various merchandise. He …
Here the Court rejected challenges under both the First Amendment and the Religious Freedoms Restoration Act to an unusually broad series of parole conditions that barred a religious leader from associating with members of his temple.
In 1979, a man named Hulon Mitchell, Jr. moved to Miami, where he began …