In this case the plaintiffs, a group of libraries, library associations, library patrons, and Web site publishers filed suit against defendants, the United States and others, alleging that the Children's Internet Protection Act (CIPA), Pub. L. No. 106-554, which made the use of filtering software by public libraries a condition ...

The defendant in this case was charged with possession of child pornography. As part of his defense, the defendant claimed that he possessed the pornography in connection with a course he took at a university; and he moved to take the deposition of a potential witness who would support that ...

In this case, plaintiffs, a class of inmates at FCI-McKean, sued various government and prison officials challenging a prison policy that banned the viewing of movies rated R, X, or NC-17 and challenging the Zimmer Amendment. The prisoners aregued that the prison policy that prevented them from viewing movies rated ...

In this case the government requested a pre-trial hearing on the admissibility of certain electronic surveillance tapes following defendant's arrest and indictment on federal methamphetamine trafficking charges. As stated by the Court, the principal issue before it was "whether, in a criminal prosecution, the government may properly authenticate audio and ...

The great Judge Jerome Frank once wrote: "If we continue to do nothing practical to prevent [prosecutorial misconduct], we should cease to disapprove it. For otherwise it will be as if we had declared in effect 'Government attorneys, without fear of reversal, may say just about what they please in ...

This case is noted principally for its confirmation of the principle that restitution may be ordered for related conduct for which the defendant has not been convicted.

The defendant in this case pled guilty to two counts of making false statements to a financial institution in violation of 18 U.S.C.S. ...

Guideline Amendment 634, among other things, added the following application note to USSG § 2S1.1: "In a case in which the defendant is convicted of a count of laundering funds and a count for the underlying offense from which the laundered funds were derived, the counts shall be grouped pursuant ...

The defendant in this case was charged with conspiring to commit armed robbery of financial institutions, attempted armed bank robbery, and using, carrying, and brandishing firearms during, and in relation to a robbery. He moved to exclude the expert testimony of the Government' proposed witness, Dr. Terry Melton, concerning mitochondrial ...

U.S. v. Moreno, 201 F.Supp.2d 1264 (S.D.Ga. 2002) (Judge Moore)
U.S. v. Duarte-Penaloza, 202 F.Supp.2d 1370 (N.D.Ga. 2002) (Judge O’Kelley)

These two cases represent different approaches to the one-year filing deadline period established in Rule 35(b) of the Fed.R.Crim.P. for the filing of motions to reduce a sentence based on ...

U.S. v. Moreno, 201 F.Supp.2d 1264 (S.D.Ga. 2002) (Judge Moore)
U.S. v. Duarte-Penaloza, 202 F.Supp.2d 1370 (N.D.Ga. 2002) (Judge O’Kelley)

These two cases represent different approaches to the one-year filing deadline period established in Rule 35(b) of the Fed.R.Crim.P. for the filing of motions to reduce a sentence based on ...

This case initially caught our eye because it involved the imposition of a 151-month sentence on a 76-year old man who pled guilty to importing 110 bundles of marijuana (weighing 78 kilos) concealed in his truck, which he was attempting to bring into the country after visiting his girl friend ...

Here the Court held that a defendant who pled nolo contendere to a sexual assault charge was not required to be told that he would have to admit his guilt as part of a sex offender program and that he could be imprisoned for 20 years if he failed to ...

Here the Court held that the letter grade of an offense used in 18 USC § 3559 and USSG § 5D1,2(a) to determine the length of a term of supervised release is based on the statutory maximum not the Guideline sentencing range.

Under the Guidelines, a district court "shall order ...

Here the Court rejected a civil rights suit under § 1983 charging that Texas courts had engaged in a conspiracy to knowingly and intentionally appointing incompetent counsel - concluding it was an attempt to circumvent the limits on successive petitions.

This case addresses a thorny issue - and one which, ...

The defendants appealed from a judgment convicting and sentencing them for one count of conspiring to defraud the Internal Revenue Service, in violation of 18 U.S.C.S. § 371, and two counts each of attempted income tax evasion, in violation of 26 U.S.C.S. § 7201. The defendants argued, inter alia, that ...

The defendant in this case pled guilty to importing illegal drugs into the United States, but asserted that the district court improperly denied him a sentence adjustment for his minor role as merely a courier in the offense. He appealed jis sentence arguing that, in light of Guideline Amendment No. ...

The defendant in this case, who was originally sentenced to three years of probabtion, appealed her sentence of 24 months in prison, imposed by the United States District Court for the Northern District of Georgia under 18 U.S.C.S. § 3565(a)(2) after her probation was revoked. She objected that the sentence ...

Here the Court held that the defendant had failed to establish that his appellate claims were likely to result in a reversal, a new trial, or a reduced term of imprisonment as required under 18 USC § 3143(b)(1) to be released pending appeal.

The defendant in this case was convicted ...

The Guidelines provide that family ties and responsibilities (a Specific Offender Characteristic) “are not ordinarily relevant in determining whether a sentence should be imposed outside the applicable guideline range.” (U.S.S.G. § 5H1.6) (Emphasis added). In U.S. v. Sweeting, 213 F.3d 95, 102 (3rd Cir. 2000) (P&J, 7/10/00), a panel from ...

Here the Court denied a motion to quash a subpoena served on the defendant's trial counsel at an earlier trial based on the attorney-client provilege on the grounds that the crime fraud exception applied under the facts of this case.

The defendant in this case was convicted at trial of ...