This case is noted for its review of the current law on whether the Fourth Amendment permits random searches of carry-on bags that have already passed through an x-ray scan without arousing any suspicion that they contain weapons or explosives.
Although this case does not involve a criminal prosecution, it ...
The two defendants in this case, Erica Chase and Leo Felton, were charged, in a 12-count Indictment, with a number of crimes of violence that involved “white supremacist and [other] illegal activities.” They were found guilty of most of those crimes at trial, including conspiracy to make and possess explosives, ...
In this case the Court held that a criminal defendant is not entitled to a “missing witness” instruction with respect to a confidential informant whose testimony the Government has elected not to present where the defendant has not attempted to pierce the Government’s Rovario privilege [Roviaro v. United States, 353 ...
The defendant sought a downward departure under U.S. Sentencing Guidelines Manual § 5H1.4 on the ground that he suffered from an extraordinary physical impairment, and under U.S. Sentencing Guidelines Manual § 5K2.0 because his actions constituted aberrant behavior.
OVERVIEW: The defendant argued that his health condition warranted a downward departure ...
The defendant in this case, a former city council member, appealed his convictions for conspiracy and program bribery, in violation of 18 U.S.C.S. § 666. The defendant's conduct involved his favored treatment of a specific taxicab company after receiving various amounts of money and favors from the company.
The court ...
The petitioner in this case challenged a decision by the district court which denied his 28 U.S.C.S. § 2254 petition for a writ of habeas corpus. The petitioner was convicted in state court of first degree murder, using a firearm in the commission of murder, and being a felon in ...
The defendant in this case was arrested for transporting cocaine and marijuana in the gas tank of his pickup truck. He was tried and convicted of possession of drugs with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Although the defendant did not testify at trial, part of ...
Here the Court vacated a restitution order based on the district court’s rough estimate of the medical expenses that the victim of an assault might incur, but remanded for resentencing because the law gives victims the right to seek damages "at any time".
The defendant in this case pled guilty ...
In a ruling that conflicts with Harvey v. Horan, 278 F.3d 307 (4th Cir. 2002) (rehearing en banc denied at 285 F.3d 298 (4th Cir. 2002)), the Eleventh Circuit held that a prisoner’s § 1983 action seeking access to DNA evidence is not a “second or successive” habeas petition nor ...
In July, 2002, District Judge Rakoff of the S.D.N.Y. ruled that the Federal Death Penalty Act, 18 U.S.C. § 3591-98 (FDPA), was unconstitutional because the high likelihood that innocent persons might be put to death rendered the FDPA invalid as a violation of due process. (See, U.S. v. Quinones, 205 ...
