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Article • December 1, 2007 • from P&J December, 2007
DSI Associates, LLC v. U.S., No. 05-6887-cv (2nd Cir.) (496 F.3d 175) (August 2, 2007) (Judge Robert D. Sack) by For a summary of this case, see "Panel Affirms Trial Judge's Ruling on Criminal Forfeiture," by Beth Bar, as published in the New York Law Journal, August 6, 2007, as …
Article • December 29, 2001
U.S. v. Payner, No. 78-1729 (U.S. Supreme Court) (447 U.S. 727; 100 S.Ct. 2439) (June 23, 1980) (Justice Powell) by Case held that a district court cannot circumvent the 4th Amendment standing rules by excluding evidence evidence seized illegally and in bad faith on violation of a third party's - …
Article • May 1, 2001 • from P&J May, 2001
Henrikson v. Guzik, No. 00-10810 (5th Cir.) (249 F.3d 395) (April 24, 2001) (Judge Will L. Garwood) by In this case, the Fifth Circuit invalidated a Bureau of Prisons Program Statement and ruled that a federal statute that requires the Bureau of Prisons to notify law enforcement authorities of the …
Article • June 17, 2000
Warth v. Seldin, No. 73-2024 (U.S. Supreme Court) (422 U.S. 490; 95 S.Ct. 2197) (June 25, 1975) (Justice Powell) by Here the Court held that in civil rights suits for damages "[T]he plaintiff generally must assert his own legal rights and interests, and cannot rest his claim to relief on …
Article • November 1, 1999 • from P&J November, 1999
U.S. v. Abercrombie, No. CRIM.A. 3:99-00022 (S.D.W.Va.) (59 F.Supp.2d 585) (July 21, 1999) (Judge Joseph R. Goodwin) by At one point in this decision, Judge Goodwin observed that “[n]o appellate court has addressed the issue of whether assistance rendered by a third party may justify a substantial assistance motion.” (Id., …
Article • August 1, 1997 • from P&J August, 1997
U.S. v. Ritter, No. 97-1182 (6th Cir.) (118 F.3d 502) (July 22, 1997) (Judge Karen Nelson Moore) by Here the Court rejected a First Amendment challenge to a condition of supervised release that required the defendant to notify his present and future employers that he had been convicted to embezzlement.
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Mindel, No. 94-50562 (9th Cir.) (80 F.3d 394) (April 5, 1996) (Judge Proctor Jr. Hug) by This is an interesting restitution case in which the court ruled that a group of the defendant's victims had no standing to intercede and to object to the district court's decision to …
Article • May 1, 1996 • from P&J May, 1996
U.S. v. Doe, No. 95-1470, No. 992 (2nd Cir.) (79 F.3d 1309) (March 22, 1996) (Judge Amalya Lyle Kearse) by This is an important case in which the Court held that the record did not support the imposition of a requirement that the defendant notify third party clients of his …
Article • April 1, 1996 • from P&J April, 1996
C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by Important case in which the Court held that the parolee had a due process right in preventing parole bureau from notifying his employer of his status. After the defendant in this …
Article • April 1, 1996 • from P&J April, 1996
C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by Important case in which the Court held that the parolee had a due process right in preventing parole bureau from notifying his employer of his status.
Article • April 1, 1996 • from P&J April, 1996
C.P.M. v. D'llio, No. Civ. No. 95-5832 (D.N.J.) (916 F.Supp. 415) (February 21, 1996) (Judge Joseph H. Rodriguez) by After the defendant in this case was released from prison in early 1982, he began working for a mental health services organization. No condition of the court or his certificate of …
Article • January 1, 1995
U.S. v. Bush, No. Crim. A. No. 94-185 (E.D.Pa.) (896 F.Supp. 424) (August 7, 1995) (Judge Stewart Dalzell) by Here the Court declined to reduce the defendant's sentence under USSG § 5K1.1 based on assistance provided not by the defendant, but rather her paramour, holding that Rule 35(b) only allows …
Article • January 1, 1994
U.S. v. Doe, No. Cr. A. No. CR 93-XXX-A (E.D.Va.) (870 F.Supp. 702) (December 19, 1994) (Judge Thomas Selby III Ellis) by The defendant in this case was a convicted heroin trafficker who possessed information about another heroin trafficker, but who feared that his information would not be sufficiently helpful …