United States v. Hebroni, No. 02-1106 (2nd Cir. 03/13/2002) (Per Curiam) (Unpublished)
United States v. Speed Joyeros, S.A., No. 00 CR 960 (E.D.N.Y. 2002) (Judge Weinstein)

In the 4/15/02 issue of P&J, we noted Judge Weinstein’s decision in U.S. v. Hebroni, 187 F.Supp.2d 75 (E.D.N.Y 2002) (Hebroni I) in which, …

Here a divided panel held that under Exemption 7(C) of the Freedom of Information Act (5 U.S.C. § 552(b)(7)(C)), the Justice Department's Office of Professional Responsibility (OPR) is not entitled to make a "Glomar" response contending that the agency's investigatory files about an individual constitute an unwarranted invasion of the …

The defendant in this case pled guilty to possession of cocaine base with intent to distribute. The U.S. District Court for the Southern District of Iowa imposed a sentence of 110 months. On appeal, defendant successfully argued that the district court had employed the wrong legal standard for sentencing entrapment. …

In this case the Government appealed the district court's grant of a four-level departure to the defendant based on his statue as a deportable alien. In agreeing that the district court had abused its discretion and that a resentencing was reqyired, the Court stated: "In the instant case, the district …

Here the Court upheld the defendants' right to present defenses of public authority and entrapment by estoppel based on implied authority from DEA agents to engage in illegal undercover activities, despite Gov't claims the agents had no actual authority.

Michael Fulcher (Michael) was an inmate at Bland Correctional Center in …

Here, based on the Supreme Court's decision in Ashcroft v. Free Speech, 122 S.Ct. 1389 (2002), the Court permitted a defendant who had pled guilty to child pornography crimes to withdraw his plea since he may have misunderstood the charges.

We note this case briefly as a guide to some …

The district court did not err in counting a prior conviction for marijuana possession as relevant conduct rather than as a separate offense for criminal history purposes, as the prior was not a severable and distinct offense from the charged conspiracy for which he was convicted.

Here the Court held …

The defendant in this case was originally convicted in 1993 and sentenced to 240 months imprisonment for engaging in a continuing criminal enterprise and tax evasion. Some four years later, he filed a habeas corpus petition, alleging, inter alia, that the district court had committed error by failing to advise …

In this case the First Circuit held that the district court had abused its discretion when it granted a downward departure in sentencing the defendant by relying on a combination of factors, including the defendant's role as a father, his effort to make amends with his ex-wife, and appreciation for …