This case is noted for its detailed and informative review of the seven different standards of review that the various Circuits use when determining whether the Government has met the “necessity” requirement contained in the wiretap laws.

The Federal wiretap laws (at least as they existed before the adoption of ...

Here the Court rejected as untimely an appeal by a prisoner and held that the retroactive application of the Supreme Court's decision in Gray v. Maryland was not warranted under the principles established in Teague v. Lane.

Here the Court held that the Supreme Court's decision in Gray v. Maryland, ...

The specific issue addressed by the Court in this case was whether a habeas motion filed pursuant to 28 U.S.C. § 2255, to set aside a gun conviction under 18 U.S.C. § 924(c)(1) (based on the Supreme Court’s new definition of “use” of a gun as established in Bailey v. ...

United States v. Smith, 278 F.3d 605 (6th Cir. 2002) (Judge Marbley)
United States v. Penn, No. 00-6314 (6th Cir. 3/13/2002) (Judge Moore)

Both of these cases deal with the application of U.S.S.G. § 4A1.3, a provision that specifically recognizes that, in certain circumstances, a downward departure may be warranted ...

Here the Court held that no reduction in a defendant's criminal history points is permitted under USSG § 4A1.3 - thus precluding any “safety-valve” sentence reduction for any defendants who have more than one criminal history point.

United States v. Smith, 278 F.3d 605 (6th Cir. 2002) (Judge Marbley)
United ...

Among the many issues covered in this lengthy decision was the defendant’s appeal from a two-level upward departure in his offense level, pursuant to the provisions of U.S.S.G. § 4A1.3. That vertical departure was imposed by the district court “based on the Defendant’s likelihood of recidivism.” In explaining its reasons ...

Here a divided en banc Court from the Ninth Circuit held that police officers used excessive force when they pointed cocked and loaded guns at an unarmed 64 year old man who posed no threat - reversing prior precedent.

The plaintiff in this case, James Robinson, was a 65-year old, ...

This decision represents a dramatic judicial retreat from a highly publicized decision that was published just two months ago. On January 7, 2002, in a decision previously reported at 179 F.Supp.2d 492 (E.D.Pa. 2002) (Llera-Plaza I) (See P&J, 12/24/01), Judge Pollak held that the Government could not use expert testimony ...