Articles Tagged with “Sentencing Guidelines”

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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!

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It’s a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being sentenced’s role in the underlying offense that money was laundered in connection with, when the person was sentenced for money laundering. When you’re figuring out the guidelines, the Eleventh Circuit said you can’t do that.

Mr. Salgado was a leader in the drug operation in the case, but he wasn’t a leader in the money laundering. It turns out there’s an application note that says leadership on one offense doesn’t translate into leadership for the other.

To the victories!

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Gentle readers,

The Courts of Appeal have been more diligent in issuing opinions than we’ve been in posting them. Apologies. As those of you who do trial work can understand, sometimes it’s really hard to do anything other than eat and sleep when there are witnesses to prepare for and arguments to make. Alas.

That said, wow, these are a bunch of cases that a scholar of sentencing and supervised release law would love. Enjoy!

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There’s been a lot of action in the federal circuits these first few weeks of the year, and here, in one post we have a lot of it.

One shout out in particular is U.S. v. Aparicio-Soria. The Fourth Circuit weighs in on resisting arrest. Is it always a crime of violence? Surely not, but, well, it takes a while for things to get to that point.

Congratulations Sapna Mirchandani for a nice win!

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It’s generally a slow time of year between Christmas and New Year’s, but the federal circuits have been busy. But who wouldn’t want to start the year with a remand in a criminal case (other than the government)?

Since we were off last week, here are the wins from the last two weeks in the federal circuits.

Happy New Year!

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Before we get to the last week’s wins in the federal circuits, three things:

First, I think the most interesting opinion from the federal circuits in the last week is United States v. Murray from the Second Circuit. Trials in criminal cases may be statistically anomalous, but you still have to let the defendant put on his case.

Second, I can’t strongly recommend enough the article in the December 9 issue of the New Yorker on false confessions (sadly, subscription is required). If you’re a law geek, there’s a lot in the New Yorker this week for you – including a piece by Jeffery Toobin on why the Constitution is really dusty (login required). More on that piece from Above the Law is here.

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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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Michael Roussel used to be a Captain in the New Orleans Police Department. As you might expect, he was convicted of bribery.

After his conviction at trial, he went to sentencing. The judge determined that an enhancement for receiving more than one bribe was warranted. The Fifth Circuit, in United States v. Rousel, disagreed.

419055_rainy_night_in_the_french_quar.jpgSynergy

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If Mitt Romney is right that 47% of Americans think of themselves as victims, then the Second Circuit’s opinion in United States v. Lacy may be deeply unpopular.

Like Mitt Romney, Kirk Lacey and Omar Henry had a vision for the future.

Unlike Mitt Romney, their vision involved short sales, straw buyers, and a little light mortgage fraud.

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