Articles Tagged with “loss amount”

Published on:

There are two cases in this batch of short wins that I think deserve a special shout out.

First, there’s United States v. Torres-Perez. Appeal waivers are the bane of federal criminal practice (or one of them). Their only advantage is that they make prosecutors’ lives easier. The downside, which is significant, is that they discourage the development of the law. I’d rather have the government work more and know what the law is. Though I may be crazy. In Perez, the Fifth Circuit slapped down an appeal waiver requirement in order to get credit for a acceptance.

Second, there’s United States v. Barta – another great entrapment case from the Seventh Circuit. That circuit is bustin out entrapment cases like Taylor Swift and Katy Perry bust out insults of each other. Or something.

Published on:

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.

Published on:

Child porn cases are turning out to be a surprisingly large portion of what’s in federal court.

Child pornography is gross and wrong, to be clear. But these cases are, I think, a symptom of a larger problem.

All of us have times in our lives when we’re in the wilderness, when we feel adrift and alienated and unsure of where we’re going or where we are. Some folks in this time of life turn to alcohol, Some turn to drugs, video games, or other ways to keep themselves from facing the great chasm of dissatisfaction that their lives have become. “The mass of men lead lives of quiet desparation” and all that.

Published on:

It’s a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United States.

Forfeiture is insane. It reminds me too much of the California prison industry lobbying for tough on crime laws – the incentives simply line up wrong (it’s a long chart – the short wins are at the bottom).

Here’s the chart:

Published on:

The federal sentencing guidelines are probably the most problematic in three areas – fraud, child pornography, and drugs.

Today’s case, United States v. Diallo, illustrates two of the big problems with the fraud guidelines. First, they’re really complicated – so complicated that federal prosecutors sometimes don’t really understand how they work. In this case, the prosecutor at sentencing took a position so clearly inconsistent with the guidelines that the government abandoned it for the appeal.

(An astute reader will notice that this means the district court went along with the federal prosecutor’s flawed guidelines understanding. It’s a shame, but c’est la guerre.).

Published on:

It’s hard not to want to celebrate the orderly processes of government on the day after a Presidential Inauguration.

Though, for those of us who represent people accused of crimes, the “orderly processes of government” may feel a bit different. It’s good that we don’t have lynch mobs or posses with pitchforks chasing people who we think have violated the norms of our society.

But, as our President reminded us yesterday, our journey is not complete. Of course, most folks agree with the President that our journey is not complete until women earn equal pay, same sex couples can marry, voting rights are meaningful, and immigrants are welcomed.