Here, somewhat modifying its prior precedent which had rejected a broad prohibition against use of the Internet during a term of supervised release, the Court upheld such a restriction since the use could be authorized by the probation officer.
One of the issues raised on appeal in this case was ...
In this case, the district court enhanced the appellants' sentences under U.S.S.G. § 2A4.1(b)(1), which provides for a six-level increase "if a ransom demand or demand upon government was made" in the course of a kidnapping or abduction. The parties agreed that, although a ransom letter was drafted on one ...
Challenges to the rights of prison guards to assert the defense of qualified immunity in civil rights suits have always seemed to scare the courts; yet, in reality, that fear has always seemed to be somewhat ill-founded because even when qualified immunity is denied, other factors can usually be counted ...
A California state trial court convicted petitioner of first degree murder for the stabbing deaths of his girlfriend and her son. The trial court sentenced petitioner to death. Petitioner's drug partners testified that petitioner confessed to them. Petitioner was also convicted in a separate trial of killing another drug partner ...
Among the many errors claimed on appeal in this case, the defendant argued that the district court had committed error when it refused to instruct the jury that it had to determine whether the defendant had induced his extortion victims into giving him gifts and favors with a promise or ...
In this case, the terrorism enhancement contained in U.S.S.G. § 3A1.4 was applied to a conviction for conspiracy to possess machine guns, threaten to assault and murder federal officers and employees, to forcibily assault, resist, oppose, impede, intimidate and interfere with federal officers when they were engaged in their official ...
In this case Judge Weinstein granted a writ of habeas corpus pursuant to 28 U.S.C. § 2241 on the ground that petitioner was eligible for discretionary relief from deportation under § 212(h) of the Immigration and Naturalization Act ("INA"). The district court held that various international treaty obligations required that ...
This is a rare case in which the Court found that even if sentencing court implied that it would not have accepted the Government's recommendation that was promised in a plea agreement, the government's breach of plea agreement by not expressly requesting that the district court sentence defendant at the ...
The defendant in this case pled guilty to three counts of a 13-count indictment, one of which was a charge that he violated 18 U.S.C. § 924(o). The plea agreement incorrectly stated that the § 924(o) charge called for a mandatory, consecutive term of 60 months' imprisonment. The plea agreement ...
