In this case, the Court held that Guideline Amendment 599 does not apply to career offenders convicted of armed robbery, 18 U.S.C. § 2113(d), and use of a firearm during the commission of an armed robbery, 18 U.S.C. § 924(c). The Court explained: "Appellee was sentenced as a career offender; ...

The defendant in this case was convicted of possessing a firearm by an unlawful user of a controlled substance, in violation of 18 U.S.C. § 922(g)(3). On appeal, he argued, inter alia, that to violate the statute one must be in possession of a controlled substance at the same time ...

The defendant in this case was convicted for giving false statements to a federal investigator and leading a cover-up effort in violation of 18 U.S.C. 1001. At sentencing, the district court imposed a four level enhancement under the provisions of U.S.S.G. § 3B1.1(a) on the grounds that the defendant's role ...

This decision is noted for its discussion of the recent elimination of the “catalyst theory” which, for a long time, has justified the payment of legal fees in a civil rights suit; some say its elimination will drastically curb civil rights suits.

This case is noted for its brief discussion ...

We have always found it a bit fascinating to watch how the courts deal with fee disputes between an attorney and his client. Not only do they love to pretend that such conflicts could never impair the quality of legal representation given to the client, they usually use the occasion ...

The Federal gun laws contain a long (and growing) list of categories of people who are barred from possessing guns (the list of prohibited persons presently includes persons convicted of a felony, drug users, and persons convicted of a misdemeanor crime of domestic violence.) In theory, 18 U.S.C. § 925(c) ...

Here a divided panel vacated a mail fraud conviction on the grounds that the “honest services” provisions of the statute were unconstitutionally vague as applied and presaged a “breathtaking expansion” of the use of the mail fraud statutes.

Increasingly, Judge Jacobs is establishing himself as one of the pre-eminent judges ...

The defendant in this case pled guilty to receiving child pornography on the third day of his trial, after the Government presented evidence that he had received on his home computer via the Internet more than 1,000 images of child pornography. He was sentenced to 121 months in prison and ...

The petitioner in this case, Walter Mickens, was convicted in Virginia in 1993 of the killing and sexual assault of a 17-year old male victim who had been stabbed 143 times. Mickens was sentenced to death; but since 1993 he has been attempting to convince the courts that there was ...

Here the Court vacated a sentence after holding it was error, under Apprendi, for the district court to permit defendant to plead guilty to quantity-specific drug charges while refusing to allocute to quantity and then set the quantity itself.

The defendant in this case, Kwok Ching Yu, was already in ...