Articles Tagged with “Sentencing Guidelines”

Published on:

I was lucky last week to be able to get together with a fan of this blog (yes, there are fans of this blog who are not my mother. I’m kind of surprised too.).

The reader I was lucky to meet with had a wonderful suggestion. He saw the point behind not doing a full treatment of each case, as I described earlier.

Yet, he said, I could still do a very quick treatment of each case, even if not every case gets the loving and lengthy discussion that may be the reason folks read this and is the fun behind writing it.

Published on:

James Wooten was on hard times.

As he later told the police, he was just sick of living in his car and running out of money.

He went into a bank. As the Sixth Circuit in United States v. Wooten, tells it:

Published on:

I’d like to think that Cedrick Stubblefield has Occupy Wall Street sympathies.

Regardless, the Sixth Circuit’s opinion in United States v. Stubblefield shows why – if you’re going to commit fraud and be prosecuted in federal court – it’s better to defraud several Wal-Marts than to hit a bunch of mom and pop stores.

1379920_mom-_and-_pop_store.jpgDon’t Keep Your Drugs Near Evidence of Your Fraud

Published on:

Howard Kieffer really liked federal sentencing practice.

He co-counseled in cases in federal district court and some federal circuit courts. He gave presentations on how people who are facing a sentencing hearing can prepare, and he helped people who were going to the Bureau of Prisons position things so that they could make an easier transition.

Mr. Kieffer even ran a website and a listserve for people who were interested in sentencing and the Bureau of Prisons – lots of lawyers contributed.

Published on:

Michael Louchart sold some guns. They were stolen and he knew it.

The feds caught up to him and charged him with conspiracy to steal firearms and with receiving and selling stolen firearms, each of which violated 18 U.S.C. § 922. In the indictment, the government said that Mr. Louchart was involved in the theft of more than 75 firearms.

It’s not a coincidence that if a person steals more than 75 firearms they are then eligible for a sentencing enhancement under the sentencing guidelines.

Published on:

Sometimes, it seems that Congress and the courts are in a race to see who can show that they hate child pornography the most.

Congress imposes draconian mandatory minimums on child pornographers. Federal judges impose bizarre and unsupported conditions of supervised release after the people convicted of child pornography are released from prison.

But one district court judge in Michigan blew the roof off the race to hate child pornographers the most. He maxed out the man convicted of the child porn offenses and, to show he was really tough on these kinds of crimes, he sanctioned the guy’s lawyer.

Published on:

James and Theresa DeMuro owned an engineering company in New Jersey called TAD Associates.

Not unlike yesterday’s tax case from the Eleventh Circuit, TAD Associates withheld money for taxes from its employees paychecks. TAD did not send that money along to the IRS.

The IRS approached the DeMuros about this. It was a civil matter at that point – the IRS required the DeMuros to set up a special trust account where they were to put their employees taxes.

Published on:

Stuart Register ran a business that conducted criminal background checks on people.

He had a number of employees. Employees, of course, have to be paid. To pay them, he used a payroll company – PrimePay. PrimePay withheld taxes from the employees’ pay, and told Mr. Register how much he needed to send to the government for those taxes.

Mr. Register did not send money that was withheld to pay taxes.

Published on:

Michael Jackson – no, not that one – pled guilty to dealing crack.

He did so at a particularly odd time in our Nation’s history when it comes to crack sentencing.

Mr. Jackson’s plea hearing was in June of 2009. The district court judge, wanting to give Mr. Jackson the benefit of what the court was sure would be a new change in our crack sentencing laws – sure that change he could believe in was coming – let Mr. Jackson’s sentencing hearing be delayed to see if Congress would change the crack sentencing laws.

Published on:

Nancy Bell had serious health problems. Because of those health problems, she was prescribed pain medicine – OxyContin.

When a person is prescribed oxycodone, which is the generic version of OxyContin, she is required to be tested through pill counts and urine screens to make sure she’s actually using it. Ms. Bell was tested, her treatment center said that she had an “outstanding record” of compliance.

494517_calculator_1.jpgThe Market For Oxycodone

Contact Information