Twice before, we have noted some of the legal skirmishes that continue to mark the Government’s alleged terrorism case against Yaser Esam Hamdi, the American citizen who was captured in Afghanistan with a Taliban unit, taken initially to Guantanamo Bay, Cuba, and then moved to a U.S. Navy brig in ...

Among the issues raised on this appeal was a challenge to the jury instructions given by the district court in light of Richardson v. U.S., 526 U.S. 813 (1999). The Court conceded that the instructions given were erroneous in light of Richardson since they failed to instruct the jury that ...

Here with unusually harsh words, the Court upbraided the INS for violating the teachings of Zadvydas v. Davis by delaying the release from custody of an alien awaiting deportation to Liberia when it was clear that Liberia was not willing to take him back.

With unusually harsh words, Judge Bates ...

In this appeal, the Court held, inter alia, that in sentencing for possession of a firearm by a convicted felon, 1) a vague, unsworn statement by an unidentified witness in a presentence report did not provide a basis for an enhancement for possession of a firearm in connection with another ...

When is a prison sentence long enough? Probably never when is comes to prosecuting crack offenders. In this case, the defendant, Thomas Govan, a 38-year old Black male, was a crack addict. He was arrested in 2001 and charged with four drug crimes after buying small quantities of crack cocaine ...

In this case the Court held that where prior firearms offenses were committed close in time and location, but involved distinct criminal aggressions from which defendant had an opportunity to cease and withdraw, application of the armed career criminal enhancement was correct, and that issue need not have been decided ...

In this case the Court addressed the “particularity” requirement of the Fourth Amendment’s warrant clause, which provides that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The question presented ...

Here the Court rejected a challenge that the Federal statutes, requiring imposition of a term of supervised releasefollowing a sentence of imprisonment (21 U.S.C. § 960 and 18 U.S.C. § 3583(a)), are unconstitutional under Apprendi.

In the case, the defendant was charged with a violation of the conditions of his ...

Here the Court held that arson of a vacant building, available for rent but not actually leased at the time of the fire, sufficiently affected interstate commerce, to constitute a federal crime under 18 U.S.C. § 844(i).

In this case, the Court acknowledged that arson had been a crime that ...

This case is noted for its comprehensive review and analysis of downward departures based on the victim’s conduct, pursuant to U.S.S.G. § 5K2.10 of the Guidelines. That section (a policy statement) provides, in part, that “if the victim’s wrongful conduct contributed significantly to provoking the offense behavior, the court may ...

Here a divided panel rejected a challenge that the standard form of instructions to a grand jury were unconstitutional because they failed to advise the jurors that they had the right to refuse to indict even if they found probable cause.

This is an intriguing case that raises some fundamental ...

Here the Court affirmed the validity, both generally and under the facts of this case, of an anticipatory search warrant which was to be triggered upon the delivery of a package to the defendant's home.

In this case one of the defendants challenged the district court's denial of his motion ...