Articles Tagged with Plea

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Remember back with this blog was more than just Short Wins? Remember when there were long and loving descriptions of cases?

I still aspire to get back to that vision for the blog – that was fun. Seriously, look for more long write-ups soon. I’ve been distracted by writing for Above the Law (here is a link to my columns (I particularly like the one about cannibalism)) and my day job as a practicing lawyer.

But, if you’re jonesing for those long write-ups again, thanks to the good people at James Publishing, you can now read them in one handy-dandy book. It has the jazzy title Criminal Defense Victories in the Federal Circuits. Or you could just read the archives.

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There are some good wins in the federal circuits from last week, but I think that perhaps the most interesting is U.S. v. Malenya.

The case deals, primarily, with supervised release conditions. I’ve seen some odd supervised release conditions, but this one takes the cake:

You shall notify the U.S. Probation Office when you establish a significant romantic relationship, and shall then inform the other party of your prior criminal history concerning your sex offenses. You understand that you must notify the U.S. Probation Office of that significant other’s address, age, and where the individual may be contacted.

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Last week’s wins are below – and there are some great reads.

But today, let’s congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit.

Here’s a link to the opinion.

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Congress these days seems to have noticed that we have too many federal criminal laws – which is a good thing (the Congressional notice, less the excessive criminal laws).

Last week, the House Judiciary Committee heard testimony on overcriminalization of regulatory crimes. The Hill has a nice write-up in “Regulation horror stories for Halloween.”

Here’s the intro:

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Six new cases from the federal circuits this week. My favorite – a subjective measure, I know – is United States v. Ramirez. Any time a court, even the Ninth Circuit, vacates a drug conspiracy conviction for insufficient evidence it’s worth a read.

Last week I posted about a First Circuit case that raised, I thought, a specter of support for jury nullification. Lots of folks responded to that – it turns out that nullification is a popular topic.

On Twitter, I was directed to this recent opinion out of New Mexico on nullification. If you have time, I highly recommend it. It canvasses the history of nullification as an important part of what our criminal justice system is built on then says, basically, no.

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The federal government has powerful tools to keep a person from exercising his constitutional right to go to trial – like crushingly long mandatory minimum sentences.

An aside to illustrate the point

The government’s use of mandatory minimums reminds me of the plea colloquy of a particularly honest client of mine.

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Sometimes being a defense lawyer in federal court is a matter of playing for dropped balls. In some cases, if everything goes the way it looks like it should for the government, there’s not much chance of a good result. But, mistakes are often made. If the right mistakes happen, things can look different quickly.

877665_sport_balls_1.jpgThe appeal in the First Circuit’s recent opinion in United States v. Ortiz shows the importance of playing for a dropped ball.

A Night in May