On MaJohn Joseph Senft plead guilty to a one count Information charging possession of marijuana with intent to distribute on Novemin violation of 21 U.S.C. On the date of the plea the defendant filed a motion to declare the Sentencing Guidelines unconstitutional per se and as applied to the defendant. Pursuant to a plea agreement, on Februthe defendant plead guilty to Count I of the Indictment, and the government dismissed Counts II and III. § 844 and Count III, carrying a firearm in relation to the possession of marijuana with the intent to distribute in violation of 18 U.S.C. § 841(a) (1) and (b) (1) (D) Count II, possession of marijuana in violation of 21 U.S.C. Schwartz with the following counts: Count I, possession of marijuana with intent to distribute in violation of 21 U.S.C. Schwartz was arrested on Novemfor offenses committed on that date. The Court has deferred the imposition of sentences until a date as soon as practicable after the issuance of this opinion and order on the constitutionality of the Guidelines.ĭefendant Martin F. All have plead guilty or were found guilty after a jury trial. All defendants were indicted for offenses committed after November 1, 1987, the effective date of the Guidelines. Six defendants filed motions contesting the constitutionality of the Sentencing Guidelines ("the Guidelines") issued by he United States Sentencing Commission ("the Commission"). Gilles, of Mayer, Brown & Platt, Washington, D.C. Pease, Wilmington, Del., for defendant Rodriguez-Solis. Capone, Wilmington, Del., for defendant Monfiston.ĭonald E. Williams, Wilmington, Del., for defendant Vancol. Ahern, III, Wilmington, Del., for defendant Smith.Ĭalvin J. O'Connell, of Phillips & Snyder, P.A., Wilmington, Del., for defendant Senft.Īndrew G. Richard David Levin, of Connolly, Bove, Lodge & Hutz, Wilmington, Del., for defendant Schwartz. of Justice, Washington, D.C., of counsel, for plaintiff. Gen., Douglas Letter, Thomas Millet, John F. He has written a monograph on Section 1983 Litigation for the Federal Judicial Center and has participated in the New York Judicial Institute Training Program for state court judges.Jean Baptiste VANCOL and Michael Monfiston, Defendants.Ĭrim. Professor Schwartz is chair of the Practising Law Institute’s annual program on Section 1983 litigation and co-chair of its annual Supreme Court Review and Trial Evidence Programs. Publishing widely on civil rights issues, he is the author of a semi-monthly column in the New York Law Journal, on public interest law author of a multi-volume treatise on Section 1983 civil rights litigation, titled Section 1983 Litigation: Claims and Defenses (Aspen, 4th ed., 2007) author of Section 1983 Litigation: Federal Evidence (Aspen, 4th ed., 2007) and co-author of Section 1983 Litigation: Jury Instructions (Aspen 2009). Professor Schwartz was managing attorney of the Research and Appeals Bureau of Westchester (NY) Legal Services and argued three cases in that capacity before the United States Supreme Court. District Courts for the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals, and the U.S. Resume, Cover Letter, Writing Sample, & Interview TipsĪdmitted to the bars of New York, the U.S. ![]() Consumer Information (ABA Required Disclosures).
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