The petitioner in this case, a black male, was convicted in an Arkansas state court in 1979 of the capital felony murder of a white female. After he was sentenced to death, he began a seriesဠof appeals - the latest of which involved his claim that he was not competent …

Defendants were indicted and convicted of laundering moneys derived from drug trafficking, including a conspiracy charge under 18 U.S.C. § 1962(d) of the Racketeer Influenced and Corrupt Organizations Act. The United States moved to compel several attorneys to turn over money and other property received as attorneys' fees from defendants. …

Here the Court granted the plaintiff inmates an injunction prohibiting prison officials from holding mentally ill inmates in segregation, equating the practice to "placing an asthmatic in a place with little air to breathe".

In this case Plaintiff inmates, imprisoned at Wisconsin's Supermax Correctional Institution in Boscobel, Wisconsin, challenged the …

This case is noted for its detailed review of the law relating to the so-called “fencing enhancement” contained in U.S.S.G. § 2B6.1(b)(2) (a provision that deals with Motor Vehicle Identification Numbers). Under that section, a defendant’s base offense level may be enhanced by two levels if he was “in the …

Here the Court held that an Apprendi error in failing to set forth drug quantity in the indictment is not a jurisdictional defect and thus may be waived; and it is subject to the Teague rule against retroactive application in habeas cases.

In this case, the Eleventh Circuit held that …

Here the Court granted an alien who pled guilty to illegal reentry a nine month reduction in his sentence because the Government had delayed prosecuting him on that charge for 9 months until after he had completed serving another sentence.

This case presents an example of the availability of a …

One of the more difficult tasks that a criminal defense lawyer faces is to get an indictment dismissed based on a pre-indictment delay. Yet, as more and more statutes of limitation get extended to periods of ten years or more, the problems of being able to defend against old charges …

This case, and its companion case reported at 164 F.Supp.2d 86 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 U.S.C. § 455(b), filed by the defendants in this case in which they argued that Judge Wolf's prior …

This case, and its companion case reported at 164 F.Supp.2d 49 (D.Mass. 1998), [both of which were not released for publication until 2001] relate to a motion for recusal, pursuant to 28 U.S.C. § 455(b), filed by the defendants in this case in which they argued that Judge Wolf's prior …

Here, giving a stern warning to prosecutors, the Court held that, while the evidence required to prove the federally-insured status of a a bank is minimal, the mere submission of a certificate of insurance that antedates a bank fraud is not sufficient.

Here, in reversing a bank fraud conviction because …

Once again, Judge Gertner of the D.Mass. has firmly rejected a Government attempt to allow it to seize virtual control over the sentencing process - here by attempting to engineer a dramatically increased sentence based on facts which, she concluded, bore “little relation to the allegations in the indictment, the …