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DEA Confidential Informants Program Subject of DOJ IG Report

After last week’s entry discussed the fact that nearly 100,000 people are in federal prison on drug offense convictions, the results of a recently completely review by the Office of the Inspector General of the Department of Justice may be disturbing. The OIG audited the Drug Enforcement Administration’s Confidential Source Program and found that the […]

Federal Sentencing Guidelines and The SAFE Justice Act

The Safe, Accountable, Fair, and Effective (SAFE) Justice Act of 2015 is the result of bi-partisan concern over the US prison population and federal sentencing guidelines. With more than 2.2 million adults behind bars, the incarceration rate is many times higher than every other developed country. Slightly fewer than 10% of the imprisoned are federal […]

Obama Commutes 46 More Sentences Bringing His Total to 89

As anyone who has faced the federal sentencing guidelines knows, a non-violent crime that meets certain criteria can very quickly escalate to a sentence involving decades in prison. Frequently, the casual observer might easily find that the required minimum sentence does not fit the severity of the crime, especially in cases involving drugs and controlled […]

AG Holder Orders Change to Crimes Involving Moral Turpitude Approach

In April of 2015, former Attorney General Holder signed an order changing an opinion former Attorney General Mukasey had signed in 2008. A noncitizen that is convicted of a crime in the US may be deported if the crime involved moral turpitude (CIMT). Former AG Holder’s order made the application of this law more predictable, […]

11th Circuit Addresses Sixth Amendment Appeal

In a 75 page opinion, the 11th Circuit vacates and remands part of a judgement ordering restitution, and affirms in part and reverses in part convictions in the case of United States v. Cavallo, Hornberger and Streinz. The decision can be found here. The case regards an 11 year mortgage fraud case in Central Florida, […]

NJ Supreme Court to Hear Arguments – Should Phone Records be Accessible by Subpoenas or Warrants?

The New Jersey Supreme Court has agreed to hear arguments about the process needed to safeguard state constitutional privacy rights. In New Jersey, a warrant is currently required to access telephone billing records. Another New Jersey Supreme Court ruling from the 1980s, State v. Hunt, established that the New Jersey State Constitution grants privacy protections […]

Forging a Person’s Signature Constitutes “Means of Identification”

The 11th Circuit recently affirmed the conviction and sentencing of Freddie Wilson. Wilson was a bondsman that expanded his business to check cashing, and was convicted on all 14 counts of his indictment, ranging from aggravated identity theft to obstruction. The evidence against him was substantial, as the .pdf will show in the background covering […]

11th Circuit Affirms You Need Not Be Present to Be Present

The 11th Circuit found no reversible error on the part of the US District Court for the Northern District of Georgia in a rather bizarre case that had almost nothing to do with credit card fraud. The defendant, Jean-Daniel Perkins, was indicted on 37 counts regarding a credit card scheme. Rather than plead guilty or […]

Is the Loss of Chance a Fundamental Miscarriage of Justice?

A recent addition to the ongoing discussion regarding sentencing in Federal courts argues that a sentencing error may very well be a miscarriage of justice. The author uses the loss of chance doctrine from civil courts to argue her point in this document. I recommend at least some familiarity with United States v. Booker, 543 […]

Triggering Mandatory Minimum Sentences for Child Pornography

On May 26, 2015, the Supreme Court granted a petition for a writ of certiorari in the case of Lockhart v. United States, after the 2nd Circuit affirmed a ten year minimum sentence due to a prior conviction enhancement. Although the case is not yet scheduled, it is currently expected to be argued in October […]

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