Winning cases are rare...

Conway v. Polk, 453 F.3d 567 (9th Cir. 2006)(state court’s rejection of the Juror Biasclaim involved an unreasonable application of clearly established federal law as determined by the Supreme Court, and Conaway’s allegations entitle him to an evidentiary hearing.

Dickson v. Quarterman, 453 F.3d 643 (5th Cir. 2006)(COA granted)(Edith Brown Clement dissenting).

Dickerson v. Bagley, 453 F.3d 690 (6th Cir. 2006)(Ineffective assistance of counsel; death penalty penalty phase, defense counsel's mitigation investigation was deficient; 2. defense counsel failure to conduct thorough and complete mitigation investigation prejudiced petitioner.

Adams v. Bertrand, 453 F.3rd 428 (7th Cir. 2006)(trial counsel’s failure to investigate properly a crucial witness, stemming from an intransigence regarding his trial strategy, however, constituted ineffective assistance of counsel. The Wisconsin Court of Appeals acted unreasonably in its application of Strickland to the facts on this point. We, therefore, REVERSE the decision of the district court and REMAND with instructions to grant the writ, unless the state gives Adams a new trial within 120 days.

Latest cases

Singleton v. Reilly, 452 F.3d 868 (D.C. Cir. 2006)(Parole revocation hearing fundamentally unfair by revoking parole on unreliable hearsay evidence, violative of due process).

US v. Tucker, 451 F.3d 1176 (10th Cir. 2006)(District court erred in not allowing defendant to represent himself during voir dire revered and remanded for new trial).

US v. Jones, 452 F.3d 223 (3rd Cir. 2006)(Defendants waiver of counsel was not clear and unequivocal; 2. Court did not conduct sufficient and comprehensive inquiry (Farretta Hearing) ito whether defendant's decision to proceed pro-se was knowing and understanding, and voluntary)(Defense counsel is not the government, and has no authority to waive or invoke arguments on behalf of the government).

US v. Pope, 452 F.3d 338 (5th Cir. 2006)(Held good faith exception did not apply since police officer had sought first search warrant on basis of affidavit that omitted true purpose of the search, i.e., to find meth evidence).

US v. Acquaye, 452 F.3d 380 (5th Cir. 2006)(held that Anders brief noting that defendant's plea agreement waived right to appeal his sentence was insufficient to permit defense counsel to withdraw).

US v. Davis, 452 F.3d 991 (8th Cir. 2006)(Supervised release restriction error).

US v. Clark, 452 F.3d 1082 (9th Cir. 2006)(Failed to make factual findings at sentencing).

US v. Fuller, 453 F.3d 273 (5th Cir. 2006)(Insufficient evidence that defendant's burglary offenses occurred sequentially so that the could be counted as separate Armed career criminal Act predicate offenses).

Satterlee v. Wolfenbarger, 453 F.3rd 367 (6th Cir. 2006)(Ineffective assistance of counsel, failed to convey plea offer).

Dugas v. Coplan, 428 F.3d 317 (1st Cir. 2005)(2254)(Ineffective assistnace of counsel; failure to investigate).
US v. Zhou, 428 F.3d 361 (2nd Cir. 2005)(defendant's alledged actions did not constitute extortion or conspiracy to extort).
Marshall v. Cathel, 428 F.3d 452 (3rd Cir. 2005)(counsel's total failure to prepare for penalty phase of capital murder trial constituted unconstitutionally ineffective assistance of counsel).
Thompson v. Varner, 428 F.3d 491 (3rd Cie. 2005)(2254)(Ineffective assistance of counsel, Kimmelman claim, suggestive photo array).
US v. Floyd, 428 F.3d 513 (3rd Cir. 2005)(held, under plea agreement government was required to consider whether defendant's assistance merited downward departure; remand for evedentiary hearing).

Not Publishing any more Booker Cases; just to may of them....

3:05 PM 8/18/2006
US v. Yeje-Cabrera, 430 F.3d 1, (1st Cir. 2005)(This case raises several issues of importance, including whether a district court may punish the prosecution by granting the defendant a lower than warranted sentence after trial because the government had engaged in "fact bargaining."the ill-fated driver of the tractor-trailer, instead of making his delivery, accidentally backed into a state trooper's cruiser. Law enforcement agents seized the tractor-trailer and discovered that it contained 260 kilograms of cocaine.The prosecutor's conduct here transgressed no norm, constitutional or legal. There was no cause to punish the prosecution at all. We defer until some other case the question of whether a district court may ever reduce a defendant's sentence as a sanction against the government for its conduct in earlier negotiating a plea which is not accepted. Olivero thus will be resentenced in a post-Booker).
US v. Sanford, 429 F.3d 104 (5th Cir. 2005)(2255 remand).
US v. Henry, 429 F.3d 603 (6th Cir. 2005)(Probation search of room was not supported by reasonable suspicion that he was violating residency term of probation; 922(g) reversed).
US v. Cunningham, 429 F.3d 673 (7th Cir. 2005)(District court failed to adequately explain sentence imposed).
US v. Williams, 429 F.3d 767 (8th Cir. 2005)(portions of the indictment failed to allege possession of drugs with intent to distribute in insufficient).
US v. Heredia, 429 F.3d 820 (9th Cir. 2005)(erroneous jury instruction).
US v. Howard, 429 F.3d 843 (9th Cir. 2005)(requirement that pretrial detainees wear leg-shackles when making first appearance before Magistrate violated due process absent showing of adequate justification).

Only Winning Cases

4:03 PM 8/16/2006
US v. Tucker, 451 F.3d 1176 (10th Cir. 2006)(District court erred in not allowing defendant to represent himself during voir dire revered and remanded for new trial).
US v. Jones, 452 F.3d 223 (3rd Cir. 2006)(Defendants waiver of counsel was not clear and unequivocal; 2. court did not conduct sufficient and comprehensive inquiry (Farretta Hearing) ito whether defendant's decision to proceed pro-se was knowing and understanding, and voluntary)(Defense counsel is not the government, and has no authority to waive or invoke arguments on behalf of the government).
US v. Pope, 452 F.3d 338 (5th Cir. 2006)(Held good faith exception did not apply since police officer had sought first search warrant on basis of affidavit that omitted true purpose of the search, i.e., to find meth evidence).
US v. Acquaye, 452 F.3d 380 (5th Cir. 2006)(held that Anders brief noting that defendant's plea agreement waived right to appeal his sentence was insufficient to permit defense counsel to withdraw).

US v. Arbolaez, 450 F.3d 1283 (11th Cir. 2006)(refusal to allow defendant to present evidence and argument during forfeiture phase of trial was not harmless error).
US v. Rojas Alvarez, 451 F.3d 320 (5th Cir. 2006)(jury's finding that wife's offense took place within 1000 feet of playground was not supported by sufficient evidence).
US v. Yi, 451 F.3d 362 (5th Cir. 2006)(implausible infringement value resulting in incorrect sentence).
US v. Lucas, 451 F.3d (8th Cir. 2006)(Nebraska directors of Corrections services was not a neutral and detached official who could execute arrest warrant and good faith exception did not apply).
US v. Argentina, 173 Fed.Appx. 90 (2nd Cir. 2006)(Non published)(remand was warranted in light of new evidence that defendant did not qualify as a career offender).
Thompson v. Smith, 173 Fed. Appx. 729 (11th Cir. 2006)(equitable tolling)(2254).US v. Chapotin, 173 Fed. Appx. 751 (11th Cir. 2006)(insufficient evidence to support felon in possession of firearm).2:03 PM 8/15/2006

Latest Cases at Bottom

WINNING CASES, Every Federal Winning Case Since 1993
By Mark Anthony Given
Copyright 2006 Mark Anthony Given

US v. Ford, 435 F.3d 204 (2nd Cir. 2006)(jury instruction misstated requisite criminal intent).
US v. Robinson, 435 F.3d 699 (7th Cir. 2006)(Sentencing judge failed to make findings).
US v. Staples, 435 F.3d 861 (8th Cir. 2006)(No aiding and abetting bank fraud transaction).
US v. Feemster, 435 F.3d 881 (8th Cir. 2006)(district courts failure to analyze the statutory sentencing factors in imposing sentence precluded appellate review of whether sentence was reasonable).
US v. Serna, 435 F.2d 1046 (9th Cir. 2006)(California conviction for assault weapon not a crime of violence).
US v. Williams, 435 F.3d 1148 (2006)(post warning confession had to be suppressed if obtained during deliberate two-step interrogation and midstream Miranda warning did not effectively apprise suspect of rights).
US v. Atencio, 435 F.3d 1222 (10th Cir. 2006)(imposition of concurrent life sentences for engaging in CCE and conspiracy offense violated double jeopardy).
US v. Wolfe, 435 F.3d 1289 (10th Cir. 2006)(double counting at sentencing).
US v. Pacheco, 434 F.3d 106 (1st Cir. 2006)(defendants due process rights to a fair trial violated).
US v. Arnold, 434 F.3d 396 (6th Cir. 2005)(insufficient evidence of construct or actual possession of weapon).
Franklin v. Anderson, 434 F.3d 412 (6th Cir. 2005)(2254)(impartial juror; ineffective appellate counsel).
US v. McCants, 434 F.3d 557 (D.C Cir. 2005)(Sentencing court failed to make on the record resolutions of disputed PSR).
US v. El Shami, 434 F.3d 659 (4th Cir. 2005)(alien actually prejudiced by sentencing courts failure to provide notice of deportation).
US v. Clark, 434 F.3d 684 (4th Cir. 2005)(sentencing court either failed to consider or considered improperly the need to avoid unwarranted sentencing disparities among federal defendants).
US v. Uzenski, 434 F.3d 690 (4th Cir. 2005)(use of judicial fact-finding to impose sentencing enhancement for abuse of trust was plain error).
US v. Lopez-Urbina, 434 F.3d 750 (5th Cir. 2005)(sentencing courts grouping errors not harmless).
US v. Clenny, 434 F.3d 780 (5th Cir. 2005)(statute of conviction did not provide for venue in district in which kidnapped mother resided; and fact that such district was child’s primary residence was insufficient to establish venue there).
US v. Arroyo, 434 F.3d 835 (6th Cir. 2005)(district court exceeded it authority in correcting sentence from 41 to 51 months).
US v. Hawk, 434 F.3d 959 (7th Cir. 2005)(sentencing court findings supporting sentence).
Van Patten v Deppish, 434 F.3d 1038 (7th Cir. 2006)(2254)(Ineffective assistance of counsel; counsels appearance at guilty plea via speaker phone structural error).
US v. Allen, 434 F.3d 1166 (9th Cir. 2006)(improper counterfeiting enhancement).
US v. Rodriquez-Gonzalez, 433 F.3d 165 (1st Cir. 2005)(district court was required to make explicit findings as to when defendant joined conspiracy).
Monroe v. Kuhlman, 433 F.3d 236 (2nd Cir. 2005)(2254)(jury allowed to view evidence during trial without judicial supervision).
US v. Buckingham, 433 F.3d 509 (6th Cir. 2006)(record was insufficient to determine whether defendant's consent to search of vehicle was voluntary and unequivocal).
US v. Scofield, 433 F.3d 580 (8th Cir. 2006)(co-defendant's presence in defendant's house was not alone enough to show constructive possession to support conviction for distribution of meth).
US v. Plakio, 433 F.3d 692 (10th Cir. 2005)(state offense for which defendant received presumptive sentence of 11 months was not felony for purposes of USSG, give state courts lack of power to impose departure sentence).
Gomez-Diaz v.US,433 F.3d 788 (11th Cir. 2005)(2255)(Roe v. Florez-Ortega Claim; failed to file appeal).
US v. Alferhin, 433 F.3d 1148 (9th Cir. 2006)(Ineffective assistance of counsel; erroneous jury instruction; materiality).
Woodall v. BOP, 432 F.3d 235 (3rd Cir. 2005)(CCC Placement 28 CFR 570.20/21 INVALID).
US v. Gonzalez-Chavez, 432 F.3d 334 (9th Cir. 2005)(Insufficient record to determine crime of violence).
Cox v. Donnelly, 432 F.3d 388 (2nd Cir. 2005)(ineffective counsel failing to object to jury instruction shifting burden).
US v. Bowers, 432 F.3d 518 (3rd Cir. 2005)(felon in possession not a crime of violence).
US v. Booth, 432 F.3d 542 (3rd Cir. 2005)(counsels failure to inform defendant of open plea to both charges required evidentiary hearing).
US v. Nunez, 432 F.3d 574 (6th Cir. 2005)(district court abused its discretion in permitting government to reopen its case after summation and after jury deliberations began).
US v. Sorrels, 432 F.3d 836 (8th Cir. 2005)(imposition of sentence increase based on defendant's uncharged drug offense was not warranted).
Espinoza-Matthews v. CA., 432 F.3d 1021 (9th Cir. 2005)(prisoner entitled to equitable tolling AEDPA).
US v. Southwell, 432 F.3d 1050 (9th Cir. 2005)(district courts failure to answer jury question as to whether they could convict defendant if they did not agree unanimously that defendant was sane or insane violated defendant's constitutional right to unanimous jury).
US v. Adams, 432 F.3d 1092 (9th Cir. 2005)(district court committed plain error when it failed to inform defendant that he was subject to mandatory minimum fine).
Williams v. Runnels, 432 F.3d 1102 (9th Cir. 2005)(Batson claim requires evidentiary hearing).
US v. Baker, 432 F.3d 1189 (11th Cir. 2005)(evidentiary ruling error).
US v. Phillips, 431 F.3d 86 (2nd Cir. 2005)(application of enhancement required district court to explain how either of two criteria for application was satisfied).
US v. Jacobs, 431 F.3d 100 (3rd Cir. 2005)(defendant's statement during meeting with FBI were involuntary).
Galviz-Zapata v. US, 431 F.3d 395 (2nd Cir. 2005)(failed to file appeal claim; evidentiary hearing).
US v. White, 431 F.3d 431 (5th Cir. 2005)(district court should not have granted governments motion to involuntarily medicate defendant absent showing extraordinary circumstances justifying governments failure to follow mandatory administrative procedures including due process hearing).
US. Dunn, 431 F.3d 436 (5th Cir. 2005)(defendant's two prior convictions were "related" thus yielding smaller enhancement).
White v. Mitchell, 431 F.3d 517 (6th Cir. 2005)(2254)(impartial juror).
Moreno v. Baca, 431 F.3d 634 (9th Cir. 2005)(suspionless arrest and search were not rendered reasonable retroactively by officers' subsequent discovery that plaintiff was on parole and subject to outstanding arrest warrant; and, officers were not entitled to qualified immunity).
Brown v. Lambert, 431 F.3d 661 (9th Cir. 2005)(state trial courts exclusion of juror for cause was directly contrary to S.Ct. precedent warranting habeas relief).
US v. Williams, 431 F.3d 767 (11th Cir. 2005)(district court erred in its decision to cross-reference offense of aggravated assault in determining applicable offense level for defendant's conviction).
US v. Ortiz, 431 F.3d 1035 (7th Cir. 2005)(district court clearly erred when it concluded that witnesses allegation concerning 100 kilograms of cocaine constituted relevant conduct).
US v. Arias, 431 F.3d 1327 (11th Cir. 2005)(defendant was entitled to proposed jury instruction on his defense that he had withdrew from conspiracy).
US v. Green, 436 F.3d 449 (4th Cir. 2006)(improper guideline application of criminal history).
US v. Foreman, 436 F.3d 638 (6th Cir. 2006)(categorical approach was not determinative of whether defendant’s Michigan offense of fourth degree fleeing and eluding qualified as a crime of violence under USSG).
In re Brown, 436 F.3d 699 (6th Cir. 2006)(2254)(petitioner's ineffective assistance of counsel claim could be raised in numerically second habeas petition, without subject to the AEDPA restrictions on successive petitions).
US v. Tabron, 437 F.3d 63 (D.C. Cir. 2006)(imposition od sentence enhancement based upon coconspirators weapon not warranted).
US v. Coles, 437 F.3d 361 (3rd Cir. 2006)(arresting officer impermissibly created exigency by choosing to attempt to enter hotel room rather than await search warrant for room, and thus exigency could not support warrant less search).
US v. Moreland, 437 F.3d 424 (4th Cir. 2006)(imposition of variance sentence of ten years' imprisonment was unreasonable).
US v. Hardin, 437 F.3d 463 (5th Cir. 2006)(district court abused its discretion in denying defendant's motion for expert appointment to inform the description and characteristic’s of "bones," a byproduct of meth production).
Nash v. Eberlin, 437 F.3d 519 (6th Cir. 2006)(remand to district court required to review of state trial court transcripts).
US v. Gokey, 437 F.3d 622 (7th Cir. 2006)(Booker).
US v. O'Neill, 437 F.3d 654 (7th Cir. 2006)(Booker).
Smith v. Mitchell, 437 F.3d 884 (9th Cir. 2006)(evidence insufficient to prove death of seven year old grandson).
US v. Rutledge, 437 F.3d 917 (9th Cir. 2006)(assts of defendant's non-profit corporation were not subject to forfeiture as "proceeds" of defendants alleged mail and wire fraud).
US v. Hagege, 437 F.3d 943 (9th Cir. 2006)(Booker).
US v. Forsythe, 437 F.3d 960 (10th Cir. 2006)(Preliminary complaint in state court proceedings was not "charging document" and did not prove prior conviction of crime of violence).
US v. Weidner, 437 F.3d 1023 (10th Cir. 2006)(Booker).
US v. Lopez, 437 F.3d 1059 (10th Cir. 2006)(three criminal history points for prior conviction which had been reconsidered error).
US v. Valdes, 437 F.3d 1276 (D.C.Cir. 2006)(defendants use of computer database linked to state data base concerning fictitious individuals were not "for or because of an official act," as required to sustain conviction).
US v. Abboud, 438 F.3d 554 (6th Cir. 2006)(Booker).
US v. Martin, 438 F.3d 621 (6th Cir. 2006)(Booker).
US v. Thunder, 438 F.3d 866 (8th Cir. 2006)(Closure of courtroom during testimony of allegedly-abused children violated defendant's right to public trial).
US v. Gatewood, 438 F.3d 894 (8th Cir. 2006)(Booker).
US v. Lopez-Perera, 438 F.3d 932 (9th Cir. 2006)(Alien had not entered the Unted States when arrested, even though he had crossed the border and was in the Port of Entry secondary inspection area; weapons possession conviction reversed).
US v. Edgerton, 438 F.3d 1043 (10th Cir. 2006)(Officer's detention of vehicle after initial stop violated Fourth Amendment).
US v. Brooks, 438 F.3d 1231 (10th Cir. 2006)(convictions for attempted manufacturing of methamphetamine and manufacturing merged for purpose of sentencing).
US v. Laughrin, 438 F.3d 1245 (10th Cir. 2006)(officer did not have reasonable suspicion to stop defendant's vehicle based upon prior driving record; 2 level increase for "altered or obliterated serial number did not apply to shotgun which never has serial number).
US v. Williams, 438 F.3d 1272 (11th Cir. 2006)(Sentencing court was statutorily required to state the reasons for imposition of sentence).
US v. Nash, 438 F.3d 1302 (11th Cir. 2006)(condition of supervised release requiring defendant to participate in mental health program "as deemed necessary by probation officer" was an improper delegation of judicial sentencing authority).
US v. Yates, 438 F.3d 1307 (11th Cir. 2006)(witness’ testimony at trial by means of two-way video teleconference violated defendants' Sixth Amendment rights).
US v. Tabron, 437 F.3d 63 (D.C. Cir. 2006)(imposition od sentence enhancement based upon coconspirators weapon not warranted).
Rodriquez v. Miller, 439 F.3d 68 (2nd Cir. 2006)(Excluding defendant's family from court room during undercover agents testimony violated 6th amend).
US v. Story, 439 F.3d 226 (5th Cir. 2006)(Appeal waiver: in absence of government objection appeal would be heard; Booker).
US v. Garcia, 439 F.3d 363 (7th Cir. 2006)(Booker).
US v. Lee, 439 F.3d 382 (7th Cir. 2006)(evidence was insufficient to prove that drawee bank that issued certain checks forged by defendants was an existing organization , as required to support conviction on certain counts).
US v. Myers, 439 F.3d 415 (8th Cir. 2006)(Failed to explain sentence/insufficient findings).
US v. Richardson, 439 F.3d 421 (8th Cir. 2006)(Defendant could not be convicted of felon in possession and drug addict in possession of same weapon; OVER RULING US v. Peterson, 867 F.2d 1110 (8th Cir 1989) joining all other circuits).
US . Bah, 439 F.3d 423 (8th Cir. 2006)(Erroneous application of trafficking in immigration documents guidelines).
Edwards v. Lamarque, 439 F.3d 504 (9th Cir. 2006)(Ineffective assistance of counsel; eliciting testimony from petitioner sufficient to waive marital privilege).
US v. Bear, 439 F.3 565 (9th Cir. 2006)(District court erred in failing to instruct jury of "public authority" defense).
US v. Johnson, 439 F.3d 884 (8th Cir. 2006)(erroneous admission of other bad acts not harmless).
US v. Norris, 439 F.3d 916 (8th Cir. 2006)(Defendant entitled to specific performance of plea agreement )(Santobello claim).
US v. Roberson, 439 F.3d 934 (8th Cir. 2006)(Booker).
US v. McCall, 439 F.3d 967 (8th Cir. 2006)(Remand to determine if under Missouri law if DUI is a crime of violence for ACCA).
US v. Perlaza, 439 F.3d 1149 (9th Cir. 2006)(nexis required for Columbian fishing vessel and US; prosecutors commenst shifted burden of proof).
US v. Cruzaddo-Laureano, 440 F.3d 44 (1st Cir. 2005)(No abuse of public trust)
US v. Bonner, 440 F.3d 414 (7th Cir. 2006)(As a matter of first impression, full resentencing hearing is required whenever the original sentencing judge is not available to conduct limited remand).
US v. Eura, 440 F.3d 635 (4th Cir. 2006)(Booker 100:1 Base remand)
US v. Duhon, 440 F.3d 711 (5th Cir. 2006)(Booker-disparity-seriousness, etc.).
US v. Quattrone, 441 F.3d 153 (2nd Cir. 2006)(erroneous jury instruction)
US v. Andrews, 441 F.3d 220 (2nd Cir. 2006)(BOP officer who allegedly caused loss of inmates property was not a Law enforcement officer for waiver of soverign immunity purposes).
US v. Cuellar, 441 F.3d 329 (5th Cir. 2006)(Insufficient evidence; money laundering).
US v. Connors, 441 F.3d 527 (7th Cir. 2006 (Booker)(Cuban cigars).
Payne v. Kemna, 441 F.2d 570 (8th Cir. 2006)(AEDPA)(State collateral appeal pendind tolled 1-year filing limitation).
US v. McGhee, 441 F.3d 605 (2006)(district courts error in refusing to consider the unobjected-to facts in defendants psr was not harmless).
Landrigan v. Schriro, 441 F.3d 638 (9th cir. 2006)(Ineffective assistance of counsel at death penalty phase).
Buckley v. Terhune, 441 F.3d 688 (9th Cir. 2006)(Santobello violation).
US v. Bridgeforth, 441 F.3d 867 (9th Cir. 2006)(prior conviction for assualt was not a felony).
US v. Biggs, 441 F.3d 1069 (9th Cir. 2006)(in order to make out a prima fascia case of self-defense, defendant did not have to show that there was were no reasonable alternatives to the use of force).
US v. Piccolo, 441 F.3d 1084 (9th Cir. 2006)(escape was not an offense which categorically constituted a crime of violence for purposes of sentencing under the career-offender provisions).
US v. Scott, 441 F.3d 1322 (11th Cir. 2006)(defendant did not engage in conduct evidencing an intent to carry out his threats to a federal judge, as required to warrant a six-level Guideline enhancement).
Payne v. Kemna, 441 F.2d 570 (8th Cir. 2006)(AEDPA)(State collateral appeal pending tolled 1-year filing limitation).
US v. Tupone, 442 F.3d 145 (3rd Cir. 2006)(Booker).
Tennard v. Dretke, 442 F.3d 240 (5th Cir. 2006)(State habeas death penalty sentencing phase Low IQ consideration)
US v. Luciano-Rodriquez, 442 F.3d 320 (5th Cir. 2006)(Texas sexual assault statute was not necessarily for "forcible sex offense" and thus did not qualify as "crime of violence" for purposes of sentence enhancement).
US v. Merz-Enriquez, 442 F.3d 331 (5th Cir. 2006)(Ibid except Kansas statute).
Graves v. Dretke, 442 F.3d 334 (5th Cir. 2006)(Brady violation).
US v. Harms, 442 F.3d 367 (5th Cir. 2006)(Restitution remand).
US v. Arviso-Mata, 442 F.3d 382 (5th Cir. 2006)(Booker).
US v. Beasley, 442 F.3d 386 (2006)(Booker).
US v. Montanez, 442 F.3d 485 (6th Cir. 2006)(Possession of controlled substance under Ohio Law did not qualify as predicate "controlled substance offense" under career offender sentencing guidelines).
US v. Grigg, 442 F.3d 560 (7th Cir. 2006)(Booker).
Clark v. Brown, 442 F.3d 708 (2006)(ex post facto; failure to give jury instruction violated due process right to present complete defense).
Campusano v. US, 442 F.3d 770 (2nd Cir. 2006)(2255)(when defense counsel does not file requested notice of appeal and fails to file adequate Anders brief, courts may not dismiss the hypothetical appeal as frivolous on collateral review).
US v. Goldstein, 442 F.3d 777 (2nd Cir. 2006)(Booker)(Gross receipts was not the equivalent of net profits for purpose of sentence enhancement).
Hanson v. Phillips, 442 F.3d 789 (2nd Cir. 2006)(Boykin claim).
US v. Carlton, 442 F.3d 802 (2nd Cir. 2006)(Record did not support districts courts finding that defendant violated supervised release by engaging in conspiracy to commit an additional bank robbery).
In re Wilson, 442 F.3d 872 (2006)(Period for filing successive application was equitably tolled).
US v. Coil, 442 F.3d 912 (5th Cir. 2006)(Booker).
US v. Hochschild, 442 F.3d 974 (6th Cir. 2006)(Plea agreement did not waive Booker claim).
US v. Webster, 442 F.3d 1065 (8th Cir. 2006)(Resentencing to determine whether two prior convictions for operating a motor vehicle while intoxicated involved driving while intoxicated).
US v. Livingston, 442 F,3d 1082 (8th Cir. 2006)(defendant's prior Arkansas conviction for breaking or entering a vehicles was not a violent felony under ACCA).
Fults v. Sanders, 442 F.3d 1088 (8th Cir. 2006)(Statute governing placement by BOP of prisoners in prerelease custody (halfway houses) did not authorize BOP regulations limiting placement in community confinement; HELD INVALID 28 CFR 570.20, 570.21).
US v. Goody, 442 F.3d 1132 (8th Cir. 2006)(district court erred in sentencing defendant far outside guideline by finding defendant's conduct roughly equivalent to another conspirator).
US v. Ollie, 442 F.3d 1135 (8th Cir. 2006)(Miranda warning administered prior to defendant's second statement to police, but after he had already confessed without benefit of warnings, insufficient to apprise him of his rights).
US v. Paley, 442 F.3d 1273 (11th Cir. 2006)(District court erred in calculating value of the laundered funds by calculating appreciated value).
US v. Hernandez-Hernandez, 443 F.3d 138 (1sr Cir. 2006)(Manifest abuse of discretion in denying Rule 33 motion; newly discovered evidence; affidavit of codefendant exonerating defendant).
US v. Novak, 443 F.3d 130 (2nd Cir 2006)(Mail fraud insufficient evidence)
Garcia v. Teitler, 443 F.3d 202 (2nd Cir. 2006)(Order return of attorney fees).
US v. Jackson, 443 F.3d 293 (3rd Cir. 2006)(Possession with intent within 1,000 feet of school and lesser -included offense of possession was Double Jeopardy).
US v. Milam, 443 F.3d 382 (4th Cir. 382 (Booker & failure to object to PSR not an admission).
US v. Rodriquez-Mesa, 443 F.3d 397 (5th Cir. 2006)(Booker)
US v. Reyes-Celestino, 443 F.3d 451 (5th Cir. 2006)(Booker).
US v. Hython, 443 F.3d 480 (6th Cir. 2006)(Search warrant stale, no "good faith" exclusionary exception).
US v. Weston, 443 F.3d 661 (8th Cir. 2006)(Booker).
In re Vasquez-Ramirez, 443 F.3d 692 (9th Cir. 2006)(District Court must accept unconditional guilty plea; writ of mandamus appropriate remedy; new judge ordered).
US v. Massey, 443 F.3d 814 (11th Cir. 2006)(Court of appeals could sua sponte raise issue of clerical error).
US v. Pisman, 443 F.3d 912 (7th Cir. 2006)(Improper application of sentencing statute).
US v. Bueno, 443 F.3d 1017 (8th Cir. 2006)(Booker).
US v. Curtin, 443 F.3d 1084 (9th Cir. 2006)(district court erred in admitting sexual stories).
US v. Kilby, 443 F.3d 1135 (9th Cir. 2006)(Sentencing court's approximation of drug quantity based upon weights of pills seized in completely unrelated case was erroneous).
Davis v. Grigas, 443 F.3d 1155 (9th Cir. 2006)(Ineffective assistance of counsel remand for hearing).
US v. Zavala, 443 F.3d 1165 (9th Cir. 2006)(Booker).
Seely v. Chase, 443 F.3d 1290 (10th Cir. 2006)(remand for judge to articulate Rule 413 & 415 analysis).
US v. Calzada-Maravillas, 443 F.3d 1301 (10th Cir. 2006)(District court failed to provide defendant notice of sua sponte upward departure).
US v. Scherrer, 444 F.3d 91 (1st Cir. 2006)(Record did not support conditions of supervised release).
US V. Murillo-Lopez, 444 F.3d 337 (5th Cir. 2006)(Booker).
US v. Virgil, 444 F.3d 447 (5th Cir. 2006)(Faretta violation).
US v. Mahon, 444 F.3d 530 (6th Cir. 2006)(ACCA remand for resentencing to 180 months where court thought USSG were mandatory).
US v. Ginyard, 444 F.3d 648 (D.C. Cir. 2006)(Vacated & remanded for new trial where record did not support district court's finding that juror would lose a job opportuinty if he continued deliberations).
Rosales v. Dretke, 444 F.3d 703 (5th Cir. 2006)(State habeas winner (Batson claim)).
Fulcher v. Motley, 444 F.3d 791 (6th Cir. 2006)(State habeas Confrontation Clause winner).
Van Hook v. Anderson, 444 F.3d 830 (6th Cir. 2006)(Brutal murder confession vacated due to Edwards violation).
US v. Smith, 444 F.3d 996 (8th Cir. 2006)(Booker).
US v. Johnson, 444 F.3d 1026 (9th cir. 2006)(Booker).
Goldyn v. Hayes, 444 F.3d 1062 (9th Cir. 2006)(State habeas 5 life sentences vacated: If the bank was obligated to cover bad checks, she couldn't be convicted of having written bad checks!)
US v. Miqbel, 444 F.3d 1173 (9th Cir. 2006)(District Court failed to adequately explain reason for imposed sentence).
US v. Dozier, 444 F.3d 1215 (10th Cir. 2006)(Failed to give notice of upward departure).
US v. Zunie, 444 F.3d 1230 (10th Cir. 2006)(Sentencing court failed to set forth restitution schedule).
US v. Herrera, 444 F.3d 1238 (10th Cir. 2006)(Warrant less random stop of defendant's truck violated 4th Amend).
US v. Williams, 444 F.3d 1286 (11th Cir. 2006)(PROTECT Act's pandering provision unconstitutionally overbroad and vague, conviction reversed).
US v. Lopez, 445 F.3d 90 (2nd Cir. 2006)(Erroneously informing alien that relief in form of waiver of deportation was no longer available denied him meaningful judicial review).
US v. Roe, 445 F.3d 202 (2nd Cir. 2006)(Defendant made requisite showing to entitle him to evidentiary hearing on claim that government acted in bad faith in declining to make 5K1.1 Motion).
US v. Risha, 445 F.3d 298 (3rd Cir. 2006)(Brady violation).
US v. Davenport, 445 F.3d 366 (4th Cir. 2006)(10 year sentence three times the advisory guideline range was unreasonable, and; plain error where sentencing court failed to make findings with respect to defendant's financial condition).
US v Aitoro, 446 F.3D 246 (1st Cir. 2006)(Booker).
US v. Tykarsky, 446 F.3d 458 (3rd Cir. 2006)(PROTECT Act; District courts failure to give Special Verdict tainted integrity of judicial process).
Virgil v. Dretke, 446 F.3d 598 (5th Cir. 2006)(State habeas ineffective assistance of counsel winner).
US v. Kendall, 446 F.3d 782 (2006)(extraordinary circumstances did not support district courts imposition 84 month sentence. (USSG 1B1).
US . Lockwood, 446 F.3d 825 (8th Cir. 2006)(Defendant's prior conviction for committing lewd and lascivious act upon child did not support enhancement for having engaged in pattern of prohibited sexual conduct)(USSG 4B1.5)
Davis v. Woodford, 446 F.3d 957 (9th Cir. 2006)(State habeas)(Notice of appeal filed on day prisoner deposited in prison mail; imposition of sentence increase (CA 3 strikes) violated plea agreement).
Jonah R. v. Carmona, 446 F.3d 1000 (9th Cir. 2006)(BOP time served credit).
US v. Todd, 446 F.3d 1062 (10th Cir. 2006)(District court was without jurisdiction to hold sentencing hearing after government filed timely notice of appeal from dismissal of indictment).
US v. Sanchez-Juarez, 446 F.3d 1109 (10th Cir. 2006)(District Courts failure to address defendant's argument at sentencing required remand for resentencing).
US v. Michel, 446 F.3d 1122 (10th Cir. 2006)(Jury's finding that defendant knew that shotgun had barrel shorter than 18 inches was not supported by sufficient evidence).
US v. Arbane, 446 F.3d 1223 (11th Cir. 2006)(Evidence was insufficient to show that anyone other than government informant was involved in alleged conspiracy).
US v. Bryant, 446 F.3d 1317 (8th Cir. 2006)(Defendant's sentence was unreasonable).
US v. Ingram, 446 F.3d 1332 (11th Cir. 2006)(Speedy Trial violation).
US v. Zapete-Garcia, 447 F.3d 57 (1st Cir. 2006)(Sentence unreasonable).
US v. Bevilacqua, 447 F.3d 124 (1st Cir. 2006)(District court without authority to order defendant to pay attorney fees and costs charged by court-appointed special prosecutor).
US v. Temple, 447 F.3d 130 (2nd cir. 2006)(Insufficient evidence of immediate or imminent threat of bodily harm voicemail message to federal officer).
US v. Wallace, 447 F.3d 184 (2nd Cir. 2006)(Two convictions for use of a firearm during the commission of a drug trafficking offense were unauthorized multiple convictions for single unit of prosecution).
US v. Heath, 447 F.3d 535 (7th Cir. 2006)(District court failed to adopt PSR or make factual findings).
Negley v. FBI, 169 Fed. Appx. 591 (D.C. Cir. 2006)(FOIA)(fact issue remained whether FBI conducted adequate search of records concerning plaintiff).
US v. Embree, 169 Fed. Appx. 761 (4th Cir. 2006)(Unpublished)(Waiver of right to collateral review did not bar claim of ineffective assistance of counsel depriving him altogether of appellate proceedings).
US v. Stout, 169 Fed. Appx. 803 (4th Cir. 2006)(Unpublished)(2255)(Evidentiary hearing required on claim attorney was ineffective for failing to advise him that audiotapes were admissible).
US v Diaz, 447 F.3d 1167 (9th Cir. 2006) Sentencing court failed to explicitly address any of the statutory sentencing factors other than the Sentencing Guidelines.
US v. Thomas, 447 F.3d 1191 (9th Cir. 2006)(remand for resentencing under advisory Sentencing Guidelines (Booker claim)
US v. Lopez-Solis, 447 F.3d 1201 (9th Cir. 2006)(Crime of violence under amended guideline violated ex post facto)
US v. Ching Tang Lo, 447 F.3d 1212 (9th Cir. 2006 (Booker win).
US v. Howard, 447 F.3d 1257 (9th Cir. 2006)(Warrant less Search of Aquaintanance's residence pursuant to defendant's parole condition violated Fourth Amendment.)
US v. Scott, 447 F.3d 1365 (11th Cir. 2006)( District Court improperly applied criminal history Guideline).
US v. Pizarro-Berrios, 448 F.3d 1 (1st Cir. 2006)(remanded so that the written judgement may be corrected to agree with the oral sentence).
US v. Brown, 448 F.3d 239 (3rd Cir. 2006)(Officer did not have reasonable suspicion that pedestrian and his companion might be robbery suspects)(Terry Stop)
US v. Garza, 448 F.3d 294 (5th Cir. 2006)(Imposition of sentencing increases under mandatory Sentencing Guidelines was not harmless error (Booker)(.
US v. Elrawy, 448 F.3D 309 (5TH cIR. 2006)(Defendant could not be prosecuted under seperate provision criminalizing firearm possession by alien who "has been admitted...under a nonimmigrant visa)(922(g)(5)(A).
US v. Khawly, 170 Fed.Appx. 190 (2nd Cir. 2006)(Booker)(Incomplete crime)(USSG 2BX1).
US v. Joyner, 170 Fed. Appx. 258 (4th Cir. 2006)(Sentence on marijuana charge exceeded five-year statutory maximum).
US v. Puryear, 170 Fed.Appx. 276 (4th Cir. 2006)(Booker).
US v. Jefferson, 170 Fed.Appx. 279 (4th Cir. 2006)(Plea Agreement violated).
US v. Tiser, 170 Fed.Appx. 396 (6th Cir. 2006)(Booker)(Upward departure fine was imposed without notice to defendant and contrary to district courts stated intent).
US v. Smtih, 170 Fed.Appx. 498 (9th Cir. 2006)(remand for sentencing clarification).
US v. Adams, 448 F.3d 492 (2nd Cir. 2006)(Defendant retained right to contend errors in guilty plea despite pleading guilty; 2. Insuffient factual basis for guilty plea).
Smith v. Hollins, 448 F.3d 533 (2nd Cir. 2006)(2254)(excluding petitioners family from trial unless willing to sit behind a screen unreasonable; remand for supplemental evidentiary hearing).
US v. Smith, 448 F.3d 683 (2nd Cir. 2006)(Suppression of evidence).
US v. Pintado-Isiordia, 448 F.3d 1155 (9th Cir. 2006)(Prior conviction determination remand).
US v. Morales-Perez, 448 F.3d 1163 (9th Cir. 2006)(Booker).
US v. Evans-Martinez, 448 F.3d 1163 (9th Cir. 2006)(Failed to provide notice of sentence outside guidelines).
US v. Prows, 448 F.3d 1224 (9th Cir. 2006)(defendant not required to have counsel sign 2255).
US v. Santos, 449 F.3 93 (2nd Cir. 2006)(Mere presence at crime scene did not establish guilt)
US v. Rose, 449 F.3d 627 (5th Cir. 2006)(evidence at sentencing was insufficient to establish defendant affected a volume of commerce in excess of 15 mil to support 5 level enhancement).
US v. Williams, 449 F.3d 635 (5th Cir. 2006)(tractor trailer full of dead illegal aliens: Jury failed to convict defendant of any offense when it returned a both an entry og "guilty" as to the element of the offense of aiding & abetting the commission of transportation offense and a statement of "hopelessly deadlocked" as to the his role in the offense).
US v. Hines, 449 F.3d 808 (7th Cir. 2006)(incorrect application of sentencing enhancement).
US v. Dobbs, 449 F.3d 904 (8th Cir. 2006)(prior burglary conviction was not "serious crime of violence" for purpose of three strikes law).
Benitez v Garcia, 449 F.3d 970 (9th Cir. 2006)(2254)(Extradition treaty enforced limiting sentence).
US v. Rios, 449 F.3d 1009 (9th Cir. 2006)(Evidence insufficient to support conviction for possession of firearm in furtherance of drug trafficking crime).
Mendoza v. Carey, 449 f.3d 1065 (9th Cir. 2006)(As a matter of first impression, petitioner's alleged lack of access to Spanish language legal materials or assistance of translator during limitation period could entitle him to equitable tolling).
Peoples v. CCA (Correctional Corporation of America), 449 F.3d 1097 (10th Cir. 2006)(District court has jurisdiction over pre-trial detainee's Bivens claim).
US v. Allen, 449 F.3d 1121 (10th Cir.2006)(Insanity defense could be presented to jury).
Miller v. King, 449 F.3d 1149 (11th Cir. 2006)(Remand to allow prisoner to amend his complaint).
US v. Boccagna, 450 F.3d 107 (3rd Cir. 2006)(Restitution).
US v. Staten, 450 F.3d 384 (9th Cir. 2006)(Booker)(ex post facto).
Causey v. Cain, 450 F.3d 601 (5th Cir. 2006)(Houston v. Lack winner/remand).
US v. Plancarte-Vasquez, 450 f.3d 848 (8th Cir. 2006)(district courts plain error in determining offense level based on drug quantity was plain error).
US v. Scott, 450 F.3d 863 (9th Cir. 2006)(first impression; warrantless searchers, including drug testing imposed as a condition of pre trial release, required showing of probable cause, despite defendant’s pre-release consent).
Clark v. Brown, 450 F.3d 898 (9th Cir. 2006)(2254)(jury instruction error, ex post facto violation).
US v. Aranda-Flores, 450 F.3d 1141 (10th Cir. 2006)(defendant's conduct did not amount to such reckless creation of a substantial risk of death or serious injury to another person as to warrant imposition of sentencing enhancement).
US v. Aguilar-Flores, 450 F.3d 1271 (11th Cir. 2006)(Florida offense of solicitation oto deliver cocaine was not a drug related offense).
US v. Arbolaez, 450 F.3d 1283 (11th Cir. 2006)(refusal to allow defendant to present evidence and argument during forfeiture phase of trial was not harmless error).

House v. Bell, ___US___ (June 12, 2006), No. 04-8990(Because House has made a stingent showing required by the actual innocence exception, his federal habeas action may proceed)

Holmes v. South Carolina, 547 US ____ (May 1, 2006)(A criminal defendant's federal constitutional rights are violated by an evidence rule under which the defendant may not introduce evidence of third-party guilt if the prosecution has introduced forensic evidence that, if believed, strongly support a guilt verdict).

Zedner v. US, 547 US ___ (June 2, 2006)(defendant cannot waive Speedy trial Act "for all time").
Salinas v. US, 547 US ___ (April 24, 2006)(Court of Appeals (5th) erred in treating petitoners simple possession as controlled possession).
Georgia v. Randolph 547 US ___ "A warrantless search of a shared dwelling for evidence over the express refusal of consent by a physically present resident cannot be justified as reasonable." -- Justice David Souter

Hudson v. Michigan,U.S. Sup. Ct. June 19, 2006 The Supreme Court held that a violation of the "knock and announce" rule does not require the suppression of all the evidence uncovered in the search. The exclusionary rule does not apply in these cases because the interests protected by the knock-and-announce rule do not include preventing the police from seeing or taking evidence pursuant to a warrant.

Davis v. Washington,U.S. Sup. Ct. June 21, 2006,
The Supreme Court held that statements made to law enforcement in the course of a 911 call are not testimonial in nature and therefore not subject to the confrontation clause of the Sixth Amendment. These statements, when made in circumstances objectively indicating that they are made to assist law enforcement in addressing an ongoing emergency, are nontestimonial. By contrast, statements made to the police after the fact are considered testimonial and thus covered by the confrontation clause