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Glorious Shaver, Andrew White, and Jermel Lewis knew of a speakeasy in North Philadelphia.

A woman named Jeanette Ketchmore would buy bottles of booze and sell drinks from then for four or five dollars in her home. Some of those bottles of booze crossed state lines before making it to Ms. Ketchmore’s house.

1254218_glass_of_whiskey.jpgShe was not licensed by the state or local government to provide these drinks.

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It’s exceptionally rare for the Fourth Circuit to reverse a life sentence for someone who caused another person to die in the course of a botched bank robbery. And when the panel that heard the appeal has both Judges Wilkinson, and Niemeyer – whoa nelly – that’s one whopper of a government error.

1097248_guard_with_machine_gun.jpgA Bank Robbery Gone Bad

September 28, 2008 did not turn out the way Larry Whitfield had planned.

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James Wooten was on hard times.

As he later told the police, he was just sick of living in his car and running out of money.

He went into a bank. As the Sixth Circuit in United States v. Wooten, tells it:

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Albert Burgess made some bad decisions.

First, he downloaded a mass of child pornography. The folks at Immigrations and Customs Enforcement (or “ICE”) were able to find him through the payment information he supplied to the child porn purveyor.

ICE asked for and received a warrant to search his house. While his house was being searched he agreed to be questioned.

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Gentle readers,

I hope this finds you well. I wanted to raise two things with you.

First, as you’ll likely have noticed, I haven’t been too active here since June (in the sense that I haven’t been active here at all). I gave myself a bit of a summer vacation that lasted longer than I’d originally planned.

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I’d like to think that Cedrick Stubblefield has Occupy Wall Street sympathies.

Regardless, the Sixth Circuit’s opinion in United States v. Stubblefield shows why – if you’re going to commit fraud and be prosecuted in federal court – it’s better to defraud several Wal-Marts than to hit a bunch of mom and pop stores.

1379920_mom-_and-_pop_store.jpgDon’t Keep Your Drugs Near Evidence of Your Fraud

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No one likes a liar.

Well, almost no one. Chief Judge Kozinski seems to like liars, at least some of the time.

But, generally, lying leaves a bad taste in our societal mouth. This is true even when the police do the lying.

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Howard Kieffer really liked federal sentencing practice.

He co-counseled in cases in federal district court and some federal circuit courts. He gave presentations on how people who are facing a sentencing hearing can prepare, and he helped people who were going to the Bureau of Prisons position things so that they could make an easier transition.

Mr. Kieffer even ran a website and a listserve for people who were interested in sentencing and the Bureau of Prisons – lots of lawyers contributed.

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Ours is a large and complicated government. Much of it isn’t run by statutes or cases, but by regulations.

Violating a regulation can be a crime – depending on the regulation.

Regulations are strange animals. They can be challenged under the Administrative Procedures Act. If you don’t like what an agency does, the APA gives you a mechanism to complain about it to a judge.