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Whether a federal trial judge may take into account the fact that the current Sentencing Guidelines for crack cocaine have proven unsound and been rejected by the Sentencing Commission itself when sentencing a crack offender. DECIDED

Whether the Fourth Amendment bars the government from relying on evidence seized following an arrest that state law prohibits. DECIDED

On April 3, 2009, the ACLU Immigrants' Rights Project, the ACLU of San Diego and Imperial Counties and cooperating counsel at DLA Piper, LLP, settled the Ninth Circuit appeal in Tartakovsky v. Pierre, a proposed class action lawsuit challenging systemic delays in the naturalization process in the San Diego region. As part of the agreement, the ACLU voluntarily dismissed the appeal after obtaining the release of data demonstrating the government's progress in reducing the backlog of naturalization delays based on the 鈥淔BI name check鈥� procedure. From August 2007, when the Tartakovsky lawsuit was filed, to February 2009, the number of naturalization applicants in the San Diego region with an FBI name check pending for more than 120 days was reduced from 2,564 to zero.

Whether a state can permit an inmate to raise constitutional claims in state post-conviction proceedings that would be barred in federal habeas proceedings. DECIDED