distribute methamphetamine is reversed

US v. Coyle, No. 06-2296, 06-2525
A sentence imposed on remand for conspiracy to distribute methamphetamine is reversed and remanded where: 1) the circuit court declined to alter its previous holding that a substantial-assistance reduction from 135 months' to 36 months' imprisonment was unreasonable; and 2) the district court was not authorized to reduce defendant's sentence by 13.5 months based on post-offense rehabilitation

distribute methamphetamine is reversed

US v. Coyle, No. 06-2296, 06-2525
A sentence imposed on remand for conspiracy to distribute methamphetamine is reversed and remanded where: 1) the circuit court declined to alter its previous holding that a substantial-assistance reduction from 135 months' to 36 months' imprisonment was unreasonable; and 2) the district court was not authorized to reduce defendant's sentence by 13.5 months based on post-offense rehabilitation

US v. Barnes, No. 06-2129
Suppression of evidence seized during a body cavity search is vacated and remanded where further proceedings are necessary to determine whether an officer ordering the search possessed sufficient credible information to establish a reasonable suspicion that defendant was concealing drugs internally

Habeas corpus there is a clearly established federal due process protection against a trial court's reliance on materially false information at senten

Stewart v. Erwin, No. 05-4635
Denial of a petition for a writ of habeas corpus in a sexual battery case is reversed and remanded to supplement the record or grant the writ as: 1) although there is no clearly established federal constitutional right to full disclosure of all information used by a trial judge in determining a defendant's sentence; 2) there is a clearly established federal due process protection against a trial court's reliance on materially false information at sentencing; and 3) it was not possible to ascertain whether such a violation might have occurred here, where a portion of the materials used in determining the sentence have been withheld from federal court review, and where the limited record suggested a reasonable possibility that at least some of the sentencing information might have been erroneous.

court impermissibly and prejudicially participated in plea negotiations with defendant

US v. Baker, No. 06-3115
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant

the magnitude of the variance and method of calculation were unreasonable

US v. Allen, No. 06-6111
In a case involving a variance of more than 2.5 times the top end of the U.S.S.G. recommended range, whatever latitude a sentencing court may have to adjust a sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence on the basis of evidence of a defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future. A sentence for possession of methamphetamine with intent to distribute is vacated where, although the sentencing court may consider defendant's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance and method of calculation were unreasonable.

district court erred in imposing an obstruction of justice enhancement

US v. Abdul-Aziz, No. 06-3032
A conviction and sentence for being a felon in possession of a firearm is vacated in part as to the sentence and remanded where the district court erred in imposing an obstruction of justice enhancement based on perjury as the record did not establish with the required clarity that the court exercised its independent judgment in reaching the decision to impose the enhancement

district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 19

US v. Parrilla, No. 05-1566
Sentences for conspiracy to transport cocaine are vacated where the district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 1998

Due Process Clause in notifying plaintiff of the administrative forfeiture of $13,000 seized from him upon his arrest for serious drug crimes is rever

Taylor v. US, No. 06-60275

A determination that the government satisfied the Due Process Clause in notifying plaintiff of the administrative forfeiture of $13,000 seized from him upon his arrest for serious drug crimes is reversed and remanded where, on the record, the government failed to meet its burden to show that its notice was "reasonably calculated, under all the circumstances, to apprise" him of the forfeiture.

unlawful possession of a firearm vacated

US v. Jones, No. 06-30535, 06-30563
A conviction for unlawful possession of a firearm by a convicted felon is vacated where the district court abused its discretion in allowing the government to introduce evidence of defendant's prior firearm offense. Although the revocation sentence was not plainly erroneous it is remanded for reconsideration in light of the vacatur of the conviction

prosecution's evidence was insufficient to establish the necessary mens era requirement.

US v. Nieves-Castano, No. 06-1517 (1st Cir. March 27, 2007)
Conviction for possession of a machine gun is reversed and a verdict for defendant ordered where the prosecution's evidence was insufficient to establish the necessary mens era requirement. Conviction for possession of a firearm within a school zone is affirmed over defendant's argument that the statute is unconstitutionally void for vagueness under the Fifth Amendment's Due Process Clause because it fails to specify how to measure the 1000 foot distance from a school that marks the boundary of a school zone. The sentence is remanded for reconsideration in light of the reversal of the first charge.
http://laws.lp.findlaw.com/1st/061517.html

confession to a crime that had been obtained illegally by police

The Justices rejected an appeal seeking to test an equally divided Mississipi Supreme Court ruling that involved the admission of a confession to a crime that had been obtained illegally by police in violation of the suspect's rights under Miranda v. Arizona. The state court found the admission was an error, but found that it was "harmless" because there was "overwhelming" evidence to support the conviction. The case was Haynes v. Mississippi (06-7827).

government's confession of error.

US v. Latu (03/19/07 - No. 05-10815)
A conviction for two counts of illegal possession of a firearm is affirmed in part but reversed in part where: 1) 18 U.S.C. section 922(g)(5)(A) is constitutional under the Commerce Clause and was properly applied in defendant's case; but 2) a conviction for violating section 922(g)(5)(B) is reversed pursuant to the government's confession of error.
http://caselaw.lp.findlaw.com/data2/circs/9th/0510815p.pdf

COPA Ruled Unconstitutional

COPA Ruled Unconstitutional
ACLU V. GONZALES
March 22, 2007

A federal judge rules that the Child Online Protection Act (COPA), a law intended to protect children from sexually explicit and pornographic online materials, is unconstitutional.

http://news.findlaw.com/hdocs/docs/cberlaw/aclugnzls32207copa.pdf

Jones v. Bock, 127 S. Ct. 910 (2007)

Freeman v. Watkins, No. 06-1394 (10th Cir. March 16, 2007)
In a prisoner's 42 U.S.C. section 1983 case asserting six violations of his constitutional rights, dismissal of his case for failure to exhaust his administrative remedies is reversed pursuant to the Supreme Court's recent decision in Jones v. Bock, 127 S. Ct. 910 (2007), which specifically abrogated the "total exhaustion" requirement and held that failure to exhaust is an affirmative defense under the PLRA, and inmates are not required to specially plead or demonstrate exhaustion in their complaints.
http://laws.lp.findlaw.com/10th/061394.html

Sentences for narcotics conspiracy are remanded

US v. Mansoori, No. 04-1950 (7th Cir. March 13, 2007)
Sentences for narcotics conspiracy are remanded so that the district court may consider whether it would have sentenced them differently knowing that the Sentencing Guidelines are advisory rather than binding, but one defendant's sentence is affirmed where the district court stated that it would not sentence him differently treating the Guidelines as advisory rather than binding.
http://caselaw.lp.findlaw.com/data2/circs/7th/041950p.pdf

guilty plea to conspiracy to distribute and possess with intent to distribute heroin, is vacated

US v. Kaba, No. 05-3813 (2d Cir. March 08, 2007)
Sentence, based on a guilty plea to conspiracy to distribute and possess with intent to distribute heroin, is vacated where the district court impermissibly based its sentence on defendant's West-African heritage and thereby rendered the sentence invalid.
http://caselaw.lp.findlaw.com/data2/circs/2nd/053813p.pdf

likely deportation

US v. Wills, No. 06-0115 (2d Cir. February 26, 2007)
Sentence imposed based on conviction of cocaine and crack-related crimes is vacated as the district court did not properly apply the statutory factors listed in 18 U.S.C. section 3553(a) when it considered defendant's likely future deportation under the need to protect the public, or the extent of the difference between defendant's sentence and his co-defendant's. http://caselaw.lp.findlaw.com/data2/circs/2nd/060115p.pdf

mid-Guideline range, was

USA v. RAJWANI No. 0510648cr1p - 02/23/2007

In sum, we conclude that the financial vulnerability of

victims and the related emotional hardship make this case somewhat
atypical and justify an upward departure. However, the Sentencing
Commission has substantially accounted for these aggravating
characteristics of the defendant’s conduct by providing for a
vulnerable victim enhancement and an enhancement based on the
amount of the fraud. While we recognize the deference due a
district court’s sentence, we find no circumstance in this case
that takes it so far beyond the heartland of fraud offenses as to
“eviscerate the Guidelines of all applicability.” The district
court’s sentence, which is 3 times the mid-Guideline range, was
therefore unreasonable. For the foregoing reasons, we AFFIRM Rajwani’s conviction.
However, we VACATE Rajwani’s sentence and REMAND the case to the
district court for resentencing consistent with this opinion.
AFFIRMED IN PART.
VACATED IN PART.
REMANDED.

CORP. GOVERNANCE, CORPORATION & ENTERPRISE LAW, CRIMINAL LAW & PROCEDURE, EVIDENCE, PUBLIC UTILITIES, SECURITIES LAW, WHITE COLLAR CRIME

US v. Lake, No. 06-3140 (10th Cir. January 05, 2007)Defendants' convictions, arising from an alleged "far-reaching scheme to milk Kansas' largest public utility for all they could through a pattern of fraud and deceit," are reversed where the government's attempt to prove defendants' concealment from the SEC of their personal use of corporate aircraft was flawed because the government produced no evidence that defendants failed to comply with SEC regulations governing the reporting of such personal use, and the jury was never instructed regarding the SEC's reporting requirements. [To view the full-text of cases you must sign in to FindLaw.com.] http://laws.lp.findlaw.com/10th/063140.html