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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.

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William Cloud believed in the American dream of home ownership. He worked to make buying a home easy for people in his community.

He wanted to make buying a house easy, even if it would be the second or third house that a person would own.

1389529_house.jpgTo make sure the houses he was helping people buy were up to snuff, he’d buy them first and do some work on them. He’d then sell them – or, using the government’s language – he’d “flip” them to the people he was helping to become real estate investors.

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Michael Louchart sold some guns. They were stolen and he knew it.

The feds caught up to him and charged him with conspiracy to steal firearms and with receiving and selling stolen firearms, each of which violated 18 U.S.C. § 922. In the indictment, the government said that Mr. Louchart was involved in the theft of more than 75 firearms.

It’s not a coincidence that if a person steals more than 75 firearms they are then eligible for a sentencing enhancement under the sentencing guidelines.

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Like many Americans, Meggan Alexander wanted to participate in the dream of home ownership. Like many Americans, Ms. Alexander had lost her job.

Unlike many Americans, Meggan Alexander signed documents at a real estate closing that said she was employed when she wasn’t.

1117134_contract_2.jpgThe government can be a stickler for proper paperwork. Because she signed these documents saying that she was employed when she wasn’t, she was indicted for making a false statement with the intent to influence an FDIC-insured entity.

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Last year came to be known as the year that the Fourth Amendment rose again in Richmond, Virginia.

The Fourth Circuit held that police conduct violated the Fourth Amendment here, here, here, here, and here.

Last week, the Fourth Circuit did it again.