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Article • August 1, 2009 • from P&J August, 2009
U.S. v. Freeman, No. 07 CR 843 (N.D.Ill.) (2009 U.S. Dist. LEXIS 76973) (August 26, 2009) (Judge Joan Humphrey Lefkow) by Here the Court held that four convicted drug traffickers deserve a new trial because prosecutors engaged in misconduct. [Editor's Note: For an interesting follow up on this decision, see …
Article • October 1, 2003 • from P&J October, 2003
U.S. v. Wilson, No. H-82-139 (S.D.Tex.) (289 F.Supp.2d 801) (October 27, 2003) (Judge Lynn N. Hughes) by Here the Court vacated a 1983 conviction of former CIA operative, Edwin Wilson, for selling tons of explosives to Libya, after finding that prosecutors and high level Government officials knowingly used false testimony …
Article • February 1, 2003 • from P&J February, 2003
U.S. v. Perez, No. 02 CR. 854 (DC) (S.D.N.Y.) (247 F.Supp.2d 459) (March 5, 2003) (Judge Denny Chin) by Here the Court granted a suppression motion after finding that FBI agents had acted with “reckless disregard for the truth” in preparing warrant affidavits that were used in a nationwide operation …
Article • February 1, 2003 • from P&J February, 2003
U.S. v. Strauser, No. 4:02CR82 CDP (E.D.Mo.) (247 F.Supp.2d 1135) (March 6, 2003) (Judge Catherine D. Perry) by U.S. v. Perez, 247 F.Supp.2d 459 (S.D.N.Y. 2003) (Judge Chin) U.S. v. Strauser, 247 F.Supp.2d 1135 (E.D.Mo. 2003) (Judge Perry) One of the keynotes of the John Ashcroft-era prosecutions has been the …
Article • August 2, 1999
Hubbard v. U.S., No. 94-172 (U.S. Supreme Court) (514 U.S. 695; 115 S.Ct. 1754) (May 15, 1995) (Justice Stevens) by Departing from precedent, the Court held that a federal court is neither a "department" nor an "agency" within the meaning of 18 U.S.C. § 1001 - so that the submitting …
Article • July 1, 1999 • from P&J July, 1999
U.S. v. Hsia, No. 08-3114 (D.C. Cir.) (176 F.3d 517) (May 18, 1999) (Judge Stephen F. Williams) by Here the Court held that in a prosecution for causing false statements to be made to the Federal Election Commission, the Government was not required to show that the defendant knew her …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Buckley, No. 97 CR 615 (N.D.Ill.) (31 F.Supp.2d 1053) (December 4, 1998) (Judge Elaine E. Bucklo) by In this case Judge Bucklo refused to apply a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1 even though the defendant lied both to the Court and to the …
Article • March 1, 1999 • from P&J March, 1999
U.S. v. Buckley, No. 97 CR 615 (N.D.Ill.) (31 F.Supp.2d 1053) (December 4, 1998) (Judge Elaine E. Bucklo) by In this case Judge Bucklo refused to apply a sentencing enhancement for obstruction of justice under U.S.S.G. § 3C1.1 even though the defendant lied both to the Court and to the …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Senn, No. 96-3373 (7th Cir.) (129 F.3d 886) (November 6, 1997) (Judge Terrence T. Evans) by The Seventh Circuit reversed a sentence enhancement for obstruction of justice based on the fact that the defendant had lied about certain aspects of his case, holding that the lies were not …
Article • August 1, 1996 • from P&J August, 1996
U.S. v. Catton, No. 95-2622 (7th Cir.) (89 F.3d 387) (July 11, 1996) (Judge Richard A. Posner) by Here the Court vacated a conviction under 18 UCS § 287 because an expert witness falsely testified that he had obtained information from a neighboring grower of the same crops which indicated …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski) by Case held that providing materially false information to a pretrial services oficer constitutes obstruction of justice. This decision relates to two separate appeals by two different defendants, both of whom had their sentences …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Magana-Guerrero, No. 95-50066 (9th Cir.) (80 F.3d 398) (April 8, 1996) (Judge Alex Kozinski) by Court held that lying to a pretrial services officer is "the very anthesis of acceptance of responsibility.".
Article • March 1, 1996 • from P&J March, 1996
U.S. v. Kelley, No. 95-1658 (1st Cir.) (76 F.3d 436) (February 20, 1996) (Judge Walter Jay Skinner) by One of the sentencing issues covered in this case dealt with the defendant's contention that the false statements he made to his probation officer who was preparing his presentence report were not …
Article • December 1, 1995
U.S. v. Rostenkowski, No. 94-3158 (D.C. Cir.) (68 F.3d 489) (October 17, 1995) (Judge Douglas Ginsburg) by Case discussed the Supreme Court's ruling in Hubbard v. U.S. where it held that a federal court is not a department or agency of the Government within the meaning of § 1001 - …
Article • December 1, 1995
U.S. v. Achiekwelu, No. 95-0376-A (E.D.Va.) (900 F.Supp. 812) (October 16, 1995) (Judge Thomas Selby III Ellis) by Based upon the "exceptional complexity of the defendant's scheme to defraud", Judge Ellis enhanced the defendant's sentence both under § 2F1.1(b)(2)(A) for more than minimal planning, and under § 5K2.0 as an …
Article • January 1, 1994
U.S. v. Parker, No. 93-2006 (7th Cir.) (25 F.3d 442) (May 24, 1994) (Judge John L. Coffey) by "On appeal, Parker does not deny that he testified falsely at his plea hearing, but insists that this false testimony did not amount to obstruction of justice because (1) he did not …