Articles Tagged with “Drug Conspiracy”

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The third level for acceptance of responsibility is interesting – it’s one area where some courts have held the government has pretty much unfettered discretion to decide whether or not it should apply. Basically, a person is supposed to get the third level only if she’s pled guilty early enough to keep the government from working. Though some U.S. Attorney’s offices are more or less stingy about how early is early enough.

Regardless, it can be hard to overcome an unreasonable government position on the applicability of the third-level for acceptance.

Which is why I was glad to see United States v. Castillo – which challenges the sovereignty of the government’s decisionmaking about the third level and its applicability. Good stuff there.

To the victories!

Thumbnail image for you win.jpg1. United States v. Alejandra-Montanez, First Circuit: Appellants were convicted of criminal conspiracy charges for importing cocaine. Because of recent amendments to the sentencing guidelines that retroactively reduced most drug quantity base offense levels, the case was remanded for reconsideration of Appellants’ sentences.

Defense Attorneys: David A.F. Lewis, Leslie W. O’Brien, and Joshua L. Gordon
2. United States v. Martinez-Rodriguez, First Circuit: Appellants were convicted of drug and firearms offenses. Appellant Rodriguez’s conviction for the drug offense was reversed because the evidence was insufficient to connect him to Appellant Santini’s possession of narcotics. And the evidence connecting Appellant Santini to Appellant Rodriguez’s possession of a firearm was also insufficient, so that conviction was reversed as well. The only evidence of a connection between Appellants, who are brothers-in-law, was that they had been in a car together when the car was stopped. But the lack of evidence about the full nature of their relationship, of any plan they had to carry out a drug-trafficking offense, and of their prior dealings with each other was insufficient to show that the two had the requisite knowledge of the other’s offense.

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And, after a really long break, we’re back. Apologies. This day job has been very busy lately.

And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law.

You saw our guest post on Hite last week – it’s a great case that bears a close read.

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It’s been an interesting few weeks in the circuits (and, apologies for the gap in posting – pesky family vacations).

Probably my favorite is United States v. Mergen, about whether an FBI agent’s statements that what the guy charged with a crime was doing were ok and legal were admissible. I tend to think FBI stings that take advantage of how weak the entrapment defense is are one of the more loathsome things our federal government does – any time you can poke holes in that I think it’s a good thing.

Also of note is United States v. Bagdy – there, a guy who spent an inheritance on stuff that wasn’t restitution, instead of restitution, didn’t violate his supervised release conditions. Supervised release can be insane – especially when restitution is in play. Nice work for the Third Circuit in dialing it back.

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In this edition, I think the most interesting case (of a number of interesting cases) is United States v. Garcia.

There, the government had an agent testify as an expert. The Fourth Circuit reversed, because the agent’s “expert testimony” exceeded the bounds of what counts as expert testimony.

The way agents get qualified as experts is, often, nuts. It’s good to see the Fourth Circuit rolling it back.

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The big news in this edition of Short Wins is United States v. Abair – a simply crazy Seventh Circuit.

I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana) – for our purposes, the legal issue is whether she was appropriately crossed on statements in her tax returns or student loan applications.

I had a case years ago where the AUSA and I litigated whether he could use similar statements in cross if my client testified. We lost. Happily, we weren’t able to appeal the decision, but it’s freakin’ insane the way this stuff comes in sometimes. Abair is a nice step in moving the law in the right way.

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There are two interesting opinions I’d like to highlight from this crop.

First, there’s United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can’t consider something. It seems to me that whatever that something is, these days, a district court can probably consider it. Prado is another example of that proposition.

More sensationally, check out the Ninth Circuit’s opinion in United States v. Maloney! Laura Duffy, the AUSA for the Southern District of California, watched the en banc argument in this case, decided the government’s position was wrong and asked the Ninth Circuit to vacate the conviction. Nice.

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I’m writing this from the Fourth Circuit Judicial Conference. Here’s my brief recap.

Today, Brian Stevenson, a tremendously cool death penalty lawyer told the assembled group that justice for poor folks and people of color is going to be more likely if decision makers are in closer proximity to poor folks and people of color.

Yesterday, there was a talk about how to improve your home security, to keep any one who wants to get in proximity to you from doing so.