Archives
2013.05.20: Short Wins - The Fair Sentencing Act and the New York Times on Brady and Criminal Discovery
2013.05.17: Does A Person Submitting False Medicare Bills Abuse The Trust Of The Doctor Making Money Off Of The False Bills?
2013.05.16: The Second Circuit On Appointed Counsel And The Perils of Hiring A Lawyer For A Federal Criminal Case
2013.05.13: Short Wins - Missing Evidence, Medicare Fraud, and How Normal People React To Federal Prosecutions
2013.05.06: Short Wins - And More on Jury Nullification
2013.05.01: Did The First Circuit Encourage Jury Nullification?
2013.04.29: Short Wins - Resentencing Mania Sweeps The Federal Appeals Courts
2013.04.26: The Fourth Circuit Holds That A Plea Based on Law Enforcement Fraud Is Invalid, Even If The Person Is Guilty
2013.04.25: The Jury Gets To Decide Whether All The Elements Of A Crime Have Been Proven, Even If One Of Them Is Really Complicated
2013.04.22: Short Wins - A Miranda Violation and Two Fraud Convictions Vacated
2013.04.16: The Sixth Circuit On Why A False Statement Charge In A Real Estate Scheme Requires More Than Just A Misleading Check
2013.04.15: Short Wins - Is It Unseemly That DOJ Asks For New Prosecutors While Federal Defenders Are Being Laid Off?
2013.04.14: Not All Violations Of Laws Are Crimes; The Eleventh Circuit Vacates A Conviction For An Illegal Food and Drug Practice That You Can't Be Convicted For
2013.04.11: Short Wins - Public Defender Withdrawals of Two Kinds
2013.04.01: Short Wins - More On The Federal Defender Budget Mess And The Withering Sixth Amendment
2013.03.25: Short Wins - A Remand In An Export Control Case
2013.03.24: Indian Tribal Documents Are Not Documents From The Federal Government Even When The Federal Government Wants Them To Be
2013.03.18: Short Wins - Day After St. Patrick's Day Edition
2013.03.14: If You Transfer Someone's Personal Identity Information, You Don't Necessarily Use It, And They Aren't A Victim Of Your Identity Theft Conspriacy
2013.03.11: Short Wins - Slow News Day Edition
2013.03.06: The Third Circuit Shows How The Sentencing Guidelines For Fraud Are Complicated; Victims and Losses Bamboozle The Government And District Court
2013.03.04: Short Wins - It's a Relatively Good Week For The Constitution
2013.03.02: When Counting Bribes For Sentencing Guidelines Purposes, You Only Count The Ones That Actually Happened
2013.02.25: Short Wins - Three Odd Cases
2013.02.22: The Supreme Court Says A Seizure Isn't Incident To A Search That Happened A Mile Away
2013.02.19: Short Wins - President's Day Edition
2013.02.12: You Can't Suppress The Body, But You Can Suppress The Fake ID Used To Find The Body
2013.02.11: Short Wins - Resentencings Abound
2013.02.07: It's Hard To Lie (Though Not For The Reason You Think); or You Haven't Made A False Statement If The Statement You Made Isn't False
2013.02.06: If A Person Ought To Have A Franks Hearing, Then They Ought To Have A Franks Hearing; Pre Franks Is Not Franks Enough
2013.02.04: Short Wins - The Seventh Circuit Goes Strong, But the Ninth Circuit Goes Interesting; Resentencing, Discovery Violations, And Money Laundering
2013.01.31: To Prove Mail Fraud, The Government Has To Show You Used The Mail
2013.01.29: When FBI Agents (Allegedly) Talk In The Hallway; or Why Even A Lawyer Should Not Talk To the FBI If There's A Real Estate Fraud Investigation Afoot
2013.01.28: Short Wins - If The Circuits Are Only Going To Give One Victory To A Defendant In A Week, This Is A Pretty Good One
2013.01.25: Health Care Fraud Restitution Amounts Can't Be Set On Just An Insurance Company Saying It Would Like A Lot Of Money
2013.01.17: The Fourth Circuit Holds That Corporations Aren't People For The Purposes Of The Identity Theft Statute, Or Take That Citizens United
2013.01.15: Short Wins - Day After The Inauguration Edition
2013.01.13: Short Wins - A Franks Hearing in the Seventh Circuit!
2013.01.13: The First Circuit On Police Providing Information To Drug Dealers - You're Only In A Federal Drug Conspiracy If You Know It's A Federal Drug Conspiracy
2013.01.05: Short Wins - Restrictions on Prison Communications, Career Offender Remands, Competency Hearings, and Mail Fraud
2013.01.02: Telling People They Can Use A Drug In A Way Different Than How The FDA Says They Can Use A Drug Is Not A Crime, Says the Second Circuit
2012.12.26: The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence
2012.12.24: Short Wins - Mayan Apocalypse Edition; The World Didn't End, But There Are New Cases On Restitution, Health Care Fraud, Federal Stalking, and Sequestration of Witnesses
2012.12.19: The Eleventh Circuit Discusses When The Government Can Take Your Wife's Stuff To Make Resitution For A Crime You Committed
2012.12.18: The Eighth Circuit On How To Get Your Stuff Back After The Government Takes It Using A Search Warrant
2012.12.17: Short Wins - Stealing the Identity of a Corporation, Conspiracies to Distribute Marijuana, and Jury Instructions for Sexual Assault
2012.12.13: A Federal Judge Can't Reopen A Sentencing Hearing, Even When There's $17 million In Restitution At Stake
2012.12.12: Drug Trafficking in the Waters of Panama Is Not A Crime In The United States
2012.12.10: Short Wins - Off-Label Drug Use And the First Amendment in the Second Circuit; Machine Guns and Grenades in the Eighth Circuit
2012.12.03: Short Wins - Remands On The Fourth Amendment, Restitution, Fines, Sales of Parts of Golden Eagles, and What You Need to Know To Help Make Meth
2012.11.30: The Confrontation Clause, Business Records, and Child Pornography
2012.11.27: Short Wins - A Few Things Happened Before Thanksgiving
2012.11.26: The ABA Law Journal Thinks This Is One of the 100 Best Law-Related Blogs In The Land
2012.11.19: Short Wins - Thanksgiving Week Edition
2012.11.16: The Second Circuit Limits Bank Fraud Prosecutions Where A Check Is Validly Issued (and other facts don't get in the way)
2012.11.15: How Not To Do Legal Research
2012.11.14: The DC Circuit Vacates A Restitution Order In A Criminal Copyright Case - Or, Making Money Off Pirated Adobe Software Doesn't Necessarily Hurt Adobe As Much As It Helps The Person Making The Money
2012.11.13: The Second Circuit on Fraud, the Federal Sentencing Guidelines, and Mass-Marketing
2012.11.12: Short Wins - It's a Good Week For Remands In Fraud Cases
2012.11.09: Federal Conspiracy Law and the Tenth Circuit; or, How Many Conspiracies Can One Man Be A Part Of?
2012.11.05: Short Wins - The Election, Conspiracies, and Sentencing Remands
2012.10.31: The Worst That Can Happen If You're Late To Court Just Got A Little Less Bad; the Fourth Circuit on Criminal Contempt For the Tardy
2012.10.27: Short Wins - Pro Se Criminal Contempt Reversed And Other Cases
2012.10.25: D.C. Circuit Tells A District Judge, "You've Got The Power [To Impose A Sentence Lower Than The Guidelines Range]"
2012.10.22: Short Wins - The DC Circuit Has Two Criminal Reversals In One Week
2012.10.19: If You Make A Colorable Argument For A Lower Sentence, A District Court Has To Show That It Considered The Argument, Even If The Crime Is Using MySpace To Try To Have Sex With Underage Girls
2012.10.18: What's It Worth To You? The Seventh Circuit Looks At The Value Of Things Bought Through Bribery
2012.10.15: Short Wins - Federal Sex Crimes Are Still Good Candidates for Reversal, And Bribery Gets Reversed Too
2012.10.12: You Can Only Be Convicted Of Defrauding A Financial Institution If The Thing You Defraud Is A Financial Institution
2012.10.09: People Accused of Child Pornography Offenses Get To Examine The Software Used To Prosecute Them And Don't Have To Just Take The Government's Word On It (in the Ninth Circuit)
2012.10.08: Short Wins - Fraud and Child Pornography Continue to Dominate the Federal Appellate Defense Victories
2012.10.04: The Seventh Circuit Holds That Really Bad Fake Documents Are Not Fake Documents At All
2012.09.27: Short Wins - First Monday Edition
2012.09.25: A Fuzzy Stipulation Vacates A Conviction In A Bankruptcy Fraud Trial in the First Circuit Court of Appeals
2012.09.24: Short Wins - Fraud and Child Pornography Edition
2012.09.19: You're Only Guilty Of Messing With A Helicopter Over Boston Harbor With A Laser Pointer If You Intend To Mess With The Helicopter
2012.09.18: The Fourth Circuit Grants A Coram Nobis To Correct A Grave Immigration Injustice In A Bank Fraud Case
2012.09.14: Ineffective Assistance Of Counsel Claims Matter Even In Cases From Afghanistan, Says the DC Circuit
2012.09.12: Using Someone Else's Credit Card Is Not Always "Access Device" Fraud, or, Why You Shouldn't Leave Your Job If You're Running a Fraud Scheme
2012.09.12: Short Wins - Sixth Circuit edition
2012.09.10: Short Wins
2012.09.06: The Prosecutor And District Court Should Try Really Hard To Make It Seem Like They Don't Hate Cubans When Sending A Cuban To Prison
2012.09.05: The Eleventh Circuit Vacates Based On A Speedy Trial Act Violation
2012.09.04: The CFTC and Department of Justice Are The Same Party For A Hearsay Rule, Says the Seventh Circuit
2012.08.31: The 2012 ABA 100
2012.08.29: The Government Convicts A Man In A Drug Conspiracy Case Without Evidence He Was Involved In A Drug Conspiracy And The DC Circuit Reverses
2012.08.28: A Speakeasy Robbery Leads To An Important Witness Tampering Opinion
2012.08.22: The Fourth Circuit Reverses A Life Sentence Based On A Death From A Bank Robbery Gone Bad
2012.08.21: A Sad Bank Robber Attracts A Lower Sentence With Honey Than He Would Have With Vinegar
2012.08.20: The Fourth Circuit Agrees That Restitution Is Hard For Child Pornography Victims, Even If The Person Accused Of the Child Pornography Offense Is Chatty
2012.08.20: A Note To Our Readers
2012.08.19: For Federal Fraud Sentencing Purposes, If You've Defrauded One Wal-Mart, It's The Same As Having Defrauded Them All
2012.06.13: The Tenth Circuit Offers A Recent History Of Fake Drug Checkpoints And The Fourth Amendment
2012.06.12: The Tenth Circuit Holds That A Federal Sentencing Expert Was Correct That His Own Federal Sentence Was Wrong
2012.06.07: Sometimes You Can Challenge An Agency Action In A Criminal Case, Says The Ninth Circuit
2012.06.06: I'm Also Writing At Above The Law
2012.06.05: The Fourth Circuit Holds That Money Laundering Only Applies To The Profits Of A Crime, Not The Expenses
2012.05.28: The Sixth Circuit Says That If You Plead Guilty To An Indictment You Don't Plead Guilty To All The Extra Bad Stuff The Government Put In The Indictment
2012.05.24: The Eighth Circuit Reverses A Conviction Because The Government Didn't Show That Bank of America Mortgage Is FDIC Insured
2012.05.18: The Fourth Circuit Holds That If The Police Prevent Your Car From Legally Moving, They Have Seized You
2012.05.17: Why It Is Probably Better To Pick Up The Phone of Someone You've Shot Than To Take Their Phone At Gunpoint Then Shoot Them
2012.05.16: A District Judge Can't Sanction A Lawyer For Filing A Motion Even If He Really Hates The Lawyer's Client; Also, a 60-Year Sentence Requires A lot of Explanation
2012.05.10: The Third Circuit Says It Is Hard To Abuse The Trust of Someone Who Doesn't Trust You, Especially If That Someone Is The IRS
2012.05.09: The Eleventh Circuit On Tax Crimes and Grouping Under the Sentencing Guidelines
2012.05.08: The Sixth Circuit Remands For Resentencing Because The Guidelines That Didn't Apply To The Person Being Sentenced Changed
2012.05.03: The Eighth Circuit Holds That Omaha Police Can't Run Into A Hotel Room Without A Warrant Even When They Just Finished A Very Exciting Chase And Are Proud Of Themselves For Finding The People They Were Looking For
2012.05.02: Judge Posner, Heraclitus, And The Chicago Mob
2012.04.26: The Eleventh Circuit Holds That A District Court Can't Ask Folks Who Have Been Charged With A Crime If They've Talked About A Plea Yet
2012.04.24: The Fourth Circuit Sends A Cockfighting Case Back For Retrial Because of Wikipedia
2012.04.20: A District Court Cannot Take Away Alcohol And Technology For The Rest Of A Person's Life Without Explaining Why
2012.04.18: The Ninth Circuit On Expired Credit Cards
2012.04.17: The D.C. Circuit Holds That Safety Valve Is Still Available Even If A Person Comes To The Truth Late
2012.04.13: Chief Judge Kozinski Celebrates The Diversity Of Computer Misuse
2012.04.12: A District Court's Statements At A Plea Hearing Can Change The Meaning of A Plea Agreement; Or, Why To Read Junk Mail Carefully
2012.04.10: Ineffective, But Laudable, Counsel
2012.04.05: Phone Calls From Africa To Kentucky Cannot Be Prosecuted In Virginia, Even If Virginia Is Where You Thought About The Fraud You'd Do On The Phone Call
2012.04.03: Do People Convicted of White-Collar Crimes Have The Most To Gain From The Supreme Court's Recent Decisions On Ineffective Assistance Of Counsel?
2012.04.02: You Can Subscribe To The Federal Criminal Appeals Blog By Email
2012.03.29: Statutory Rape Is Not A Crime Of Violence
2012.03.27: What You Tell Your Mother Can Be Used At Your Trial (though, in this case, that's a good thing)
2012.03.23: Using An AUSA's Name In A Published Opinion And The Streisand Effect
2012.03.21: The Police Cannot Search Your Car To Kill Time While They Wait For Your Aunt To Give You A Ride
2012.03.19: Just Because It's A Supervised Release Hearing Doesn't Mean There Are No Rules
2012.03.18: Assistant Federal Defender Job Opening In Milwaukee
2012.03.14: Why You Should Screen The People You Smoke Marijuana On A Porch With
2012.03.13: A Fifth Circuit Opinion Shows Why People Would Want to Take Every Case To Trial, Even Though It's a Really Bad Idea
2012.03.11: Why You Will Not Go To Jail For Using Comic Sans In A Pleading In Federal Court (Though Maybe You Should)
2012.03.07: Collateral Estopel In A Criminal Case; If You Might Be A Citizen Once, You Might Be A Citizen Forever
2012.03.05: Pro Competitive Bid Rigging Is Not A Crime, Or, This Chicago Garbage Bid Doesn't Stink
2012.02.28: Judge Posner On Harboring, the Dictionary, and Trusting the Government
2012.02.27: An Internet Child Pornography Sting In The Eleventh Circuit, Obstruction of Justice Has More Stringent Pleading Requirements
2012.02.23: The Fifth Amendment Protects You From Being Compelled To Unencrypt Your Hard Drive, According to the Eleventh Circuit
2012.02.15: Proving the Measure of Things At Sentencing - The Fourth Circuit Remands For More Explanation
2012.02.14: Bad Forms And Bankruptcy Fraud - The Fifth Circuit Vacates A Conviction Based On An Ambiguous Form
2012.02.10: If You're Going To Hit A Cop, It's Better To Wait Until After The Cop Finds Your Gun (though it's better still not to hit a cop in the first place)
2012.02.02: Business Crimes Can't Be Proven Just By The Company You Keep; The Sixth Circuit Reverses For Insufficient Evidence
2012.01.29: No Crime, But Still A Cover-Up; Another Skilling Reversal In A Public Corruption Case
2012.01.23: Guns and Weed: The Fourth Circuit Remands on the Second Amendment for Marijuana Users
2012.01.22: The Bad Things You've Done Can Make You Look Bad
2012.01.18: Health Care Billing Fraud In The Bayou
2012.01.17: Sometimes The Problem With The Jury System Is The Jurors
2012.01.10: Friendship Means A Lot In Philadelphia, And Why Honest Services Fraud Just Isn't The Same After Skilling
2012.01.09: Threatening A Corporation Is Not A Crime, Even On Super Bowl Sunday
2012.01.06: Paying For Drugs Is Not Money Laundering
2012.01.04: A Tale of Two Circuits
2012.01.03: The Police Cannot Take A Knife To Your Penis On A City Street
2011.12.20: Running From A Courtroom And The Armed Career Criminal Act
2011.12.19: How To Help Hundreds Of Women Who Have Been In The Criminal Justice System
2011.12.18: Tax Restitution Trips Up A District Court Judge In The Seventh Circuit
2011.12.16: Over-posting To Twitter Is Not A Crime
2011.12.15: The Right To Not Remain Silent
2011.12.14: Safety Valve, Government Power, And Marijuana in the Woods of Arkansas
2011.12.09: Ms. Tapia Wins! Again!
2011.12.08: The First Circuit Vacates A Plea
2011.12.05: Club Rules, Prejudicial Evidence, and Hard Distinctions About Child Pornography
2011.12.01: The 2011 ABA Journal Blawg 100
2011.12.01: The Sixth Circuit Gives The Sixth Amendment's Speedy Trial Right Teeth
2011.11.29: Two Ways To Think About Punishment
2011.11.22: Change The Seventh Circuit, If Not The Department of Justice, Can Believe In
2011.11.15: Defendants Win A Fourth Fourth Circuit Fourth Amendment Case In Four Months
2011.11.08: The Ninth Circuit Sends A Memo To Prosecutors About Closing Arguments
2011.11.07: The Government Can't Use An Expert To Introduce Prior Law Enforcement Contacts At Trial, According to the Ninth Circuit
2011.11.06: Cuba, Baseball, Immigration Policy, and Crime
2011.11.02: The Fourth Circuit Makes Testifying At Trial In One's Own Defense Ever So Slightly Less Of A Roll of The Dice
2011.11.01: The Fourth Circuit Sends A Case Back; or Why You Can't Trust A Probable Cause Affidavit
2011.10.25: The Sixth Circuit Reverses On A Terry Stop: or, Even Appellate Judges Feel Bad For People Who Are So Scared They're Shaking
2011.10.24: It Is Not Good To Commit New Crimes While On Pretrial Release
2011.10.21: What's Fair For the Goose Is Maybe Not The Same For the Gander; Immunity Orders And The Ninth Circuit
2011.10.20: The Seventh Circuit, Plain Error, And Fines That Shouldn't Be Imposed
2011.10.19: The Ninth Circuit On When The Guidelines Fail Us
2011.10.18: The First Circuit, Federalism, and the Department of Justice's Distaste For Rejection
2011.10.17: The Supreme Court Is Thinking About Stolen Valor
2011.10.16: Things Look Different Around Here
2011.10.12: An En Banc Fourth Circuit Remands On An Armed Career Criminal Act Case
2011.10.06: The Eighth Circuit Holds That Health Care Kickbacks Are Different Than Fraud
2011.10.04: The Miranda Analysis Is Different For the Military, Says the First Circuit
2011.10.03: Judge Posner Teaches District Court Judges How To Avoid The Supreme Court's Holding in Tapia
2011.09.30: The Ninth Circuit Holds That Once The Government Is Done Investigating You, You Get To See The Warrant That Let Them Into Your House
2011.09.29: Bribery in New Jersey. No, really.
2011.09.28: Immigration Fraud and the Sentencing Guidelines Numbers Game
2011.09.28: The Increasing Number of Ways The Feds Can Prosecute You Troubles The Wall Street Journal
2011.09.27: Conrad Black Writes About His Prosecution
2011.09.27: Retroactivity In The Federal Sentencing Guidelines and The Parol Evidence Rule
2011.09.27: New York Times Uncovers A Trial Penalty In Federal Cases. Also, the Sun Rises.
2011.09.23: Mortgage Fraud Is Not Money Laundering, Or, Why Not To Buy A House With A Drug Dealer
2011.09.22: Money Laundering, Obstruction of Justice, And A Full-Service Lawyer
2011.09.22: My Guest Post on the ACS Blog on the War on Drugs
2011.09.21: Important White-Collar Crime Decision By the Federal District Court in D.C.
2011.09.20: The "Snowstorm" That Wasn't There, or, Why DNA Doesn't Get Collected From Every Misdemeanant On Probation
2011.09.19: Judge Posner on Narcotics Wholesalers and Drug Quantity
2011.09.16: The Federal Government Asks The Ninth Circuit To Hear The Obama Threats Case En Banc
2011.09.16: The Ninth Circuit Rejects A Car Search In Mr. Rodger's Neighborhood
2011.09.15: A Clever Defendant In The Ninth Circuit Wins, Then Loses, Arguing Double Jeopardy
2011.09.14: Sex Offenders, Supervised Release, and The Eighth Circuit
2011.09.13: The Seventh Circuit Reminds Us That Loss Is Not Equal To Restitition (also, pleading open has benefits).
2011.09.12: Dismiss a Case Because of a Speedy Trial Act Violation? Not so fast.
2011.09.09: A Federal Judge Dismisses An Indictment On A Pretrial Motion Based On Determination About The Facts In The Case, And All I Do Is Complain
2011.09.09: The Second Circuit Joins The Ninth In Rejecting Restitution In A Child Porn Case
2011.09.08: Maybe the Fourth Circuit is trying to protect its brand?
2011.09.08: The First Circuit Vacates A Conspiracy Conviction
2011.09.07: Please say nice things about this blog to the ABA
2011.09.07: How The Eighth Circuit Saved Christmas
2011.09.06: More Valor Stolen From The Stolen Valor Act
2011.09.06: Summary Evidence And White-Collar Crimes: The Tenth Circuit Says You Can't Summarize What Isn't In Evidence
2011.09.05: My Guest Post on the American Constitution Society Blog
2011.09.02: A Man's Cleverness Reduces His Sentence By 14 Years: The Ninth Circuit, Apprendi, and Pleading Open
2011.09.01: Why The Government Has To Prove They Don't Make Computers in Iowa
2011.08.31: Protesters Have No Reason To Picket The Ninth Circuit (Though If They Did, They'd Be Welcome To Do It)
2011.08.30: Thinking Of the Police As A Dinner Guest: The Sixth Circuit Declines To Require An Additional Seat At The Table
2011.08.29: Is Twitter Harrasment a Crime?
2011.08.29: The Third Circuit Holds That A Jury Can't Infer Intent From Constitutionally Protected Silence
2011.08.26: Prior Criminal Offenses and Hypothetical Bad Men: The Fourth Circuit Comes Back to Real People
2011.08.25: The Eleventh Circuit Reverses and Remands Because the District Court Made Up A Restitution Amount
2011.08.24: The Seventh Circuit Reverses - Judge Posner Would Like To See More Explanation
2011.08.23: The Fourth Circuit and the Fourth Amendment: If You Search Like a Redcoat, You Can't Use What You Find in Court
2011.08.22: The Ninth Circuit Remands For A Third Trial In An Illegal Reentry Case
2011.08.19: The Sixth Circuit Sends An Escape Case Back For Resentencing
2011.08.18: Pleading Guilty Only Makes Sense If There Is Evidence That You Are Guilty
2011.08.17: The Seventh Circuit On The Possibility Of Race-Based Jury Strikes By An African-American Prosecutor
2011.08.16: It Is Not Good To Be Hated By Congress
2011.08.15: The Sixth Circuit on Alford Pleas and the Armed Career Criminal Act
2011.08.12: The Ninth Circuit Makes It Easier For Crimes to Be Violent (Nominally, At Least)
2011.08.10: The Fair Sentencing Act: the Battle Between Following the Rules and Fairness Plays Out in the Third Circuit
2011.08.09: Breaking News - Third Circuit Says The FSA Is Retroactive
2011.08.09: Important New Decision on the Use of Cell-Phone Data to Locate Someone Just to Arrest Them
2011.08.09: The Sixth Circuit Lets A Jury Hear About The Accident of Federal Jurisdiction In A Michigan Swamp Murder
2011.08.08: If You're Going To Throw The Book At Someone, Throw It As Hard As It Was Thrown At The Last Guy
2011.08.07: A Lot Of Federal Criminal Law And Procedure In One Opinion: The D.C. Circuit Gives A Lot Of Bang For The Buck
2011.08.06: If a Court Is Going To Lock Someone Up, It Has To Give A Reason
2011.08.05: The Tenth Circuit on Credit Cards, Loss, and the Sentencing Guidelines
2011.08.04: The Second Circuit Grants A New Trial: Why Market Movements Should Come With Cliff Notes
2011.08.03: Arrests Are Not Convictions: A Sentencing Judge Is Reversed For An Excess of Candor
2011.08.02: Appellate Advocate Wins A Chance To Save His Client $100
2011.08.01: The Past Can Catch Up With You: Rule 404(b) and a New Trial In North Dakota
2011.07.28: The Ninth Circuit on Mandatory Minimums, Safety Valve, and Timetravel
2011.07.27: The Fourth Circuit Finds that the Police Can't Assume You're A Drug Trafficker Just Because You Clean Your Car, Have Toiletries, and Don't Want Your Shirts Wrinkled
2011.07.26: The Second Circuit Rocks Out On The Fourth Circuit's Love of The Third Level
2011.07.26: The Fifth Circuit Affirms A Grant Of A New Trial In A Case Of Texas Family Backstabbing
2011.07.25: The Eight Circuit Holds That A Check Is Not A Machine Or A Device
2011.07.24: The Ninth Circuit On Child Support, Restitution, and Domestic Slavery
2011.07.24: The Sixth Circuit Reverses, Taking Care Not to Hurt The Feelings Of The District Court
2011.07.23: Every Published Defense Victory In a Federal Court of Appeals
2011.07.22: The Eighth Circuit Reverses a Sentence, And Shows Why Relying On Criminal Conduct At Sentencing Without A Conviction Is Troublesome
2011.07.21: People Really React To Threats Against President Obama
2011.07.21: The Seventh Circuit Puts Fast Track Disparity Arguments On A Slow Track, But Doesn't Derail Them Entirely
2011.07.20: The Eleventh Circuit And The Unwilling Pro Se Criminal Defendant
2011.07.19: A Divided Ninth Circuit Panel Reverses a Conviction Based on a Racially-Motivated Threat on Barack Obama
2011.07.18: The D.C. Circuit Remands for Resentencing Because [Redacted]
2011.07.14: The Eighth Circuit Holds that the "Know Nothing" Defense Can Be Asserted Against a Securities Fraud Charge
2011.07.13: The First Circuit Reverses For Multiple Evidentiary Errors
2011.07.12: The Tenth Circuit Gives Some Criminal History Relief in a Gun Case
2011.07.12: The Ninth Circuit Hears an Appeal the Appellant Doesn't Want to Bring, Then Reverses for a Competency Hearing
2011.07.11: The Ninth Circuit Vacates a Restitution Award in a Child Pornography Case
2011.07.11: The First Circuit Reverses (One Count Of) a Conviction
2011.07.09: The Ninth Circuit Says the District Court Can't Negotiate An Appeal Waiver
2011.07.08: The Fourth Circuit Invites Open Pleas
2011.06.10: OIG Investigations and Federal Employees
2011.06.07: Matt Teaches a Course on Campus Sexual Assault Defense
2011.03.31: American Exceptionalism and the United States Prison Population
2011.03.06: Why Do People Hate Juries?
2011.02.21: Office of Inspector General Investigations and You
2011.02.19: Matt Kaiser Teaches Stuff On The Internet
2010.10.05: Prosecutorial Misconduct Goes Unpunished
2010.06.22: Perez Hilton, Miley Cyrus, Child Pornography, and The Kaiser Law Firm PLLC
2010.01.15: Does Law Enforcement Get Laid Off When the Crime Rate Drops?
2010.01.05: The Kaiser Law Firm on the Radio
2009.12.10: Round Up The Usual Suspects!
2009.12.08: Feeling Your Client's Pain
2009.11.05: Federal Government Contractors - Watch Out For Fraud Prosecutions
2009.11.04: Why Does White Collar Crime Happen?
2009.10.30: Criminal Charges and Depression
2009.10.29: Is there any incentive for prosecutors to do the right thing?
2009.10.23: Another Thought About Maryland's Error Ridden Sentencing
2009.10.22: What's Wrong With Maryland Lawyers?
2009.09.09: The MySpace Opinion is Here!
2009.09.08: [Don't] Stop [the] Snitching [Blog]
2009.09.02: A Wisconsin Judicial Protest of Federal Prosecutions?
2009.08.31: The Ninth Circuit Changes the Rules for Law Enforcement Searches for Electronic Evidence
2009.08.31: I'm teaching at Solo Practice University!
2009.08.27: Do We Need an Art Fraud Task Force?
2009.08.26: Ted Kennedy and Federal Sentencing
2009.08.25: Coming Soon - Mortgage Fraud Prosecutions?
2009.08.24: Learning From An Obstruction of Justice Plea in a Health Care Fraud Investigation
2009.08.11: The Second Circuit Keeps Wiretaps Secret
2009.08.10: Here Come the Fraud Investigations
2009.08.07: The Health Care Fraud Sting Continues
2009.07.27: When Can an AUSA Lie?
2009.07.24: The First Circuit Helps Grand Jury Witnesses
2009.07.23: Sotomayor on Acquitted Conduct?
2009.07.22: How Not to Respond to a Grand Jury Subpoena
2009.07.21: Manufacturing Speculation About A Company's Involvement In A Government Contracting Bribery Investigation
2009.07.20: Why Melendez-Diaz is good policy
2009.07.20: Is Eric Holder Providing Change We Can Believe In?
2009.07.18: Riding the Melendez-Diaz Rollercoaster
2009.07.17: The D.C. Court of Appeals Dismisses a Case Relying on Melendez-Diaz
2009.07.17: Sotomayor on Melendez-Diaz
2009.07.17: A note to readers
2009.07.16: Standing Up for Criminal Defense Lawyers
2009.07.16: Breaking News - Prosecutors Dislike Additional Work
2009.07.15: More on Melendez-Diaz
2009.07.15: Federal pre-trial detention is about more than money
2009.07.14: The Government Is Coming After Health Care Providers
2009.07.14: When Criminal Defense Lawyers Go Bad
2009.07.10: After Melendez-Diaz, it's cross-examination for everyone!
2009.07.09: It's Not A Crime to Violate MySpace's Terms of Use
2009.07.09: Does Ferris Bueller Need a Criminal Defense Lawyer?
2009.06.23: Switching Lawyers Right Before Trial
2009.06.22: Senator Webb is a hero
2009.06.18: What the government has to prove to convict
2009.06.17: Throwing the book back at the judge
2009.06.16: A cheaper system of criminal justice
2009.06.15: The Fourth Circuit - You can go to prison for distributing (very creepy) fiction
2009.06.15: Change We Can Believe In (in federal sentencing)?
2009.06.12: Things a criminal defense lawyer should not do during an initial consultation, part 2
2009.06.12: How to get indicted in federal court
2009.06.12: A very moving hearing in federal court in Wisconsin
2009.06.11: A reason to move to Argentina?
2009.06.11: The second rule of being charged with a crime
2009.06.10: Going to prison for what a jury doesn't think you did
2009.06.10: What can the study of underdogs tell us about criminal defense?
2009.06.05: Things a criminal defense lawyer should not do during an initial consultation, part 1
2009.06.01: Roxana Saberi should be included in a model jury instruction
2009.05.29: The first rule of being charged with a crime
