Our Blog
- Posted: November 4, 2015
- By: Tim Bower Rodriguez
More Cases Fall to Johnson v US
SCOTUS has granted certiorari, vacated the sentence, and remanded the cases back to lower courts – generally known as a GVR order – in ten cases since Johnson v US was decided in June of 2015. The GVR is considered an expedited way of handling cases when a new precedent has been established. A total […]
- Posted: October 27, 2015
- By: Tim Bower Rodriguez
FCC Slashes Costs of Prison Phone Calls
‘Huge Step’: FCC Slashes Costs of Prison Phone Calls. Read the NBCNews article for full details.
- Posted: October 21, 2015
- By: Tim Bower Rodriguez
SCOTUS Decision from June of 2015 Leads 11th Circuit to Vacate a Conviction Previously Affirmed
In 2010 Ellisa Martinez was indicted in Broward County for knowingly sending an email from a form to WFTL Radio – or transmitting in interstate commerce a communication – a threat to injure the person of another. The indictment claimed this was a violation of section 875(c) of title 18 of the US Code. She […]
- Posted: October 14, 2015
- By: Tim Bower Rodriguez
Lack of Motion for Acquittal Leads 11th Circuit to Affirm Conviction and Sentence
Peter Hesser was indicted in 2011 and 2012 and later convicted of numerous income tax related charges. The charges stem from a number of different tax returns – both corporate and personal – going as far back as 2001. He was sentenced to three years in prison and three more years of supervised release. In […]
- Posted: October 7, 2015
- By: Tim Bower Rodriguez
11th Circuit and the Armed Career Criminal Act (ACCA)
The 11th Circuit Court recently reversed a sentence based on the ACCA, and the decision was in large part based on what documents can be admitted in determining whether a past conviction is violent or not. Raymond Braun received the ACCA required 15 year sentence for a felon in possession of a firearm because of […]
- Posted: September 30, 2015
- By: Tim Bower Rodriguez
The Proliferation of Cell Phone Tracking Devices
Last week, we discussed the Fourth Circuit’s opinion that the warrantless procurement of cell site location information is a search that violates the Fourth Amendment. This week, we are looking at another method that law enforcement uses to determine cell phone location. Because this technology is relatively new and because many law enforcement officials refuse […]
- Posted: September 29, 2015
- By: Tim Bower Rodriguez
DEA agents kept jobs despite serious misconduct
U.S. Drug Enforcement Administration (DEA) facing criticism. Read the USA Today article for full details.
- Posted: September 23, 2015
- By: Tim Bower Rodriguez
Third member of ring smuggling guns to Middle East pleads guilty
Tim Bower Rodriguez in the news Ring smuggling guns to Middle East: Statement issued. Read the TBO article for full details.
- Posted: September 23, 2015
- By: Tim Bower Rodriguez
Divided 4th Circuit Rules on Cell Phone Location Data
On August 5, 2015, the 4th Circuit said “that the government’s warrantless procurement of the [cell site location information] was an unreasonable search in violation of Appellants’ Fourth Amendment rights.” The 5th Circuit ruled in 2013 that no warrant is required. The 11th Circuit agreed in May of 2015, ruling that no warrant was required, […]
- Posted: September 16, 2015
- By: Tim Bower Rodriguez
Sentencing Reform Gaining Momentum in the Senate?
In a recent blog we posted, a bill currently in subcommittee in the House of Representatives that contains some meaningful reform in the federal sentencing guidelines was discussed. You may have noticed that Senator Grassley, the head of the Senate Judiciary Committee, had killed a bill earlier in the year, potentially limiting the future of […]
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