In this case, the Second Circuit addressed what it termed "two important questions arising from the Supreme Court's landmark decision in Apprendi . . . and this circuit's application of that decision to the principal federal narcotics statute, 21 U.S.C. § 841." (Id., at 625). First, the panel addressed a ...

The instant case is significant because it is one of the first cases we have seen to address an important question arising out of the Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466 (2000): in direct appeals, where the Apprendi claim has been properly preserved, how should ...

This case is noted principally for its strong endorsement of the use of the Privacy Act (5 U.S.C. § 552a) as a tool for combating retaliatory transfers and reclassifications or prisoners by the Bureau of Prisons (BOP). That issue, and the Court’s ruling, are both significant and intriguing, in part ...

Here the Defendants, Colorado Department of Corrections (DOC) and related individuals, appealed from an order of the United States District Court for the District of Colorado holding that plaintiffs, prisoners' First Amendment rights to free exercise of their religion was violated when they were not provided kosher meals while incarcerated ...

The petitioners were American citizens sought for prosecution by Italy for their roles in an international drug smuggling ring. A magistrate judge certified their extradition to Italy. The United States District Court for the Southern District of Florida denied defendants' petition for a writ of habeas corpus. Defendants appealed.

The ...

Back in 1988, a swat team from the Houston Police Department (HPD) staked out an apartment where an informant was attempting to sell some drugs to a purported drug dealer in a sting operation. The apartment was occupied by Rogelio Pineda and Pedro Navarro. As soon as the informant entered ...

Here the Court held that a criminal forfeiture award is part of a defendant's sentence, not part of the substantive offense, thus "double jeopardy" principles will not bar government from appealing district court's determination of no forfeiture; court erred in failing to hold defendants liable for the forfeiture of "street ...

The defendant in this case, Charles Zandford, was convicted of thirteen counts of wire fraud for stealing approximately $420,000 from two of his investment clients. He was sentenced to 52 months in prison and ordered to pay $10,800 in restitution. Subsequently, the S.E.C. filed a civil action against Zandford under ...

Several times in the past few years we have commented on some of the prior appeals in this well-publicized capital case, which has become known in the press as the “sleeping lawyer case.” The case first came to the limelight when Judge Hittner of the S.D.Tex. granted Calvin Burdine a ...