The defendant in this case pled guilty to transporting illegal aliens, but he reserved the right to appeal the denial of his motion to suppress evidence obtained as a result of an investigatory stop, which he argued was illegal. On appeal, the panel reversed the conviction and remanded.

The Court ...

Here the Court held that it was not an abuse of discretion for the district court to impose a 13-year upward departure to a Guideline sentence of 7 years based on the defendant's abuse of some 65 elderly victims.

In this case, the defendant pled guilty to devising a fradulent ...

This is an interesting case in which Richard A. Seligman, Esq. counsel for the defendant Donald Edwards, served a subpoena duces tecum on the Office of the General Counsel of the Federal Bureau of Prisons (BOP) seeking production of the complete institutional files of a BOP prisoner, one Lawrence Thomas. ...

The history of this case goes back more than 20 years; and for most of that time William Bracy and Roger Collins have been seeking to obtain relief from a death penalty that was imposed on them after they were convicted of murdering three men during a drug deal that ...

One of the issues raised in this appeal was whether the district court had erred by applying a two-level enhancement under U.S.S.G. § 3A1.3 for restraint of the victim - when the actual restraint occurred some six weeks before the crime of conviction (possession of of firearm folowing a conviction ...

Here, by a vote of 8 to 1, the Court reversed the grant of habeas relief to a capital defendant whose counsel did nothing at his original hearing, principally on the grounds that the lower court applied the wrong standard of review (Cronic vs. Strickland).

If anyone needed a sharp ...

In an era when prison officials are left virtually alone and unmanaged in their roles as caretakers of the burgeoning prison populations across America, this case is a rarity. In 1995, the Michigan Department of Corrections (MDOC) implemented a series of new regulations governing the eligibility of visitors at Michigan ...

The defendant in this case robbed three different supermarkets in Pennsylvania, on three different occasions in December 1999, April 2000 and June 2000. He later entered a single guilty plea to six counts of an indictment that charged him with three robberies in violation of the Hobbs Act (18 U.S.C. ...

Here, in a claim for denial of effective assistance of counsel, the Ninth Circuit held that the district court had erred in concluding that the defendant could not show prejudice by counsel's advice to forfeit sentence reduction in exchange for acceptance of responsibility; reversed and remanded for determination under Strickland ...