The Federal Criminal Appeals BlogThere’s a lot in this week’s edition of Short Wins, but my favorite is United States v. Aurenheimer.
Federal venue is a broad thing. It’s nice to see a circuit push back a little on just how broad it can be.
To the victories!
Articles Tagged with Competency
Published on:
Short Wins – The “the victims a person is convicted of defrauding have to be the same ones as the ones he was indicted for defrauding” edition
Last week was a busy week in the federal circuits. There’s a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law.
If, however, your interests are a bit more prosaic, you might want to read United States v. Ward. There, the person accused was convicted of defrauding different people than the indictment alleged he defrauded.
Amazing stuff.
Published on:
Short Wins – The Forfeiture Order Gets Reversed Version
There were a handful of good wins in the federal circuits last week. Notably, United States v. Annabi, pushed back on a government forfeiture because the language in the indictment was inadequate. Forfeiture is a huge issue in criminal cases in federal court these days – it’s good to see the home team winning in this area.
Also of note is In re Joannie Plaza-Martinez dealing with a sanction of an AFPD. It’s sad to see a criminal defense lawyer sanctioned, especially an AFPD. So it’s nice to see that sanction reversed.
To the victories!
Published on:
Short Wins – The Aggravated Identity Theft, 18 U.S.C. § 1028A, and Stacking Edition
Aggravated identity theft – charged under 1028A – seems like it’s getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. § 1028A carries a mandatory 2 years in prison, consecutive to any other count of conviction. I’m starting to see these in cases beyond the garden variety identity fraud gift card cases – like tax and health care fraud.
The statute says that for subsequent 1028A convictions, a district court has discretion whether to stack them. And United States v. Chibuko addresses exactly that issue and the importance of reading a statute.
To the victories!
Published on:
Short Wins – the Greg Poe Vindicates An AFPD’s Reputation Edition