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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 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 ...

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. ...

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 ...