Matthew G. Kaiser

Matthew G. Kaiser

The Kaiser Law Firm PLLC

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Short Wins - the Shameless Promotion Edition

United States v. Flores-Mejia, Third Circuit: The court vacated Appellant's sentence after being convicted of reentry after deportation. The Third Circuit, however, used the opportunity to change its current law and now...more

7/23/2014 - Criminal Prosecution Illegal Drugs

Short Wins - the Presentment Delay Issue

It's a relatively slow week in the federal circuits. My favorite case of the last week is United States v. Torres Pimental. You've got to love a suppression motion being granted off of a government delay in...more

7/8/2014 - Criminal Prosecution

Short Wins - the Seventh Circuit Draws a Line on Supervised Release

There's been a lot in the circuits in the last week, but perhaps the most surprising bit is that the Seventh Circuit issued four opinions on supervised release conditions. Supervised release may not be the sexiest of...more

7/1/2014 - Criminal Penalties Supervised Release

Short Wins - The Immunity Edition

Today's featured defense victory is United States v. Barefoot, which deals with a kind of surprising course of conduct in the Fourth Circuit. In Barefoot, a person gave information to the government to help them investigate...more

6/17/2014 - Criminal Defense Evidence Immunity

Short Wins - the Forfeiture Chart Edition

It's a been a relatively quiet week in the federal circuits. Which is one reason I think this week is a nice one to share this very cool graphic on how forfeiture laws are hurting people in these United...more

6/5/2014 - Criminal Prosecution Forfeiture

Short Wins - The Expert Testimony Edition

In this edition, I think the most interesting case (of a number of interesting cases) is United States v. Garcia. There, the government had an agent testify as an expert. The Fourth Circuit reversed, because the...more

5/21/2014 - Expert Testimony Expert Witness

Short Wins - the "Venue in a Federal Criminal Case Is Not Infinite" Edition

There's a lot in this week's edition of Short Wins, but my favorite is United States v. Aurenheimer. Federal venue is a broad thing. It's nice to see a circuit push back a little on just how broad it can be....more

4/24/2014 - Federal Jurisdiction Jurisdiction Venue

Short Wins - The "The Victims A Person Is Convicted Of Defrauding Have To Be The Same Ones As The Ones He Was Indicted For...

Last week was a busy week in the federal circuits. There's a lot there to be interested in, especially if you have a case at the intersection of mental health issues and the law....more

4/8/2014 - Fraud Healthcare Mental Health

Short Wins - The Forfeiture Order Gets Reversed Version

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...more

4/2/2014 - Forfeiture Fraud Sanctions Vacated

Short Wins - The Smurfing Edition

The big news in this edition of Short Wins is United States v. Abair - a simply crazy Seventh Circuit. I already wrote about it for a general legal audience on Above the Law (Inspector Javert Goes Smurfing in Indiana)...more

3/31/2014 - Illegal Drugs Prior Conviction Tax Returns

Short Wins - The Money Laundering Leadership Edition

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...more

3/19/2014 - Money Laundering Sentencing Vacated

Short Wins - The Aggravated Identity Theft, 18 U.S.C. § 1028A, And Stacking Edition

Aggravated identity theft - charged under 1028A - seems like it's getting more and more popular among federal prosecutors. It does come with massive leverage in plea negotiations; a conviction for a violation of 18 U.S.C. §...more

3/13/2014 - Convictions Identity Theft

Short Wins - The "A U.S. Attorney In California Does The Right Thing Edition"

There are two interesting opinions I'd like to highlight from this crop. First, there's United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can't consider...more

3/5/2014 - Criminal Prosecution Fraud Ineffective Assistance of Counsel Robbery

Short Wins - A Dog's Breakfast Of Victories

It's a grab bag of victories in the federal circuits for last week. A few sentencing remands - including one based on a loss calculation in a health care fraud case - but the most interesting remand is in the First Circuit's...more

2/21/2014 - Fraud Healthcare Healthcare Fraud

Short Wins - We Aren't Dead Edition

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...more

2/13/2014 - Sentencing Sex Offenders Supervised Release

Short Wins - The First Post Of 2014 Edition

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....more

1/22/2014 - Drug Distribution Felons Illegal Drugs Illegal Gun Possession Manslaughter

Short Wins - Last Post Of The Year Edition

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)?...more

12/30/2013 - CPO Driver's Licenses Evidence Evidence Suppression Fraud Search Warrant Warrantless Searches

Short Wins - It's White-Collar Week In The Federal Circuits

It's white-collar week here at the federal criminal appeals blog. Two big wins in white collar cases - a price fixing conspiracy case in U.S. v. Grimm and a sentencing win in a securities fraud case in U.S. v. Simmons....more

12/18/2013 - Conspiracies Price-Fixing Securities Fraud White Collar Crimes

The D.C. Circuit Holds That A Judge In D.C. Cannot Authorize A Bug In Maryland

The United States government thought that Lonnell Glover was a drug dealer. They tapped his phone, but he spoke in code so they couldn't get any evidence on him that way....more

12/12/2013 - Criminal Prosecution Fourth Amendment Good Faith Illegal Drugs Jurisdiction Law Enforcement Wiretapping

Short Wins - The Bizarre Supervised Release Condition Edition

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. ...more

12/10/2013 - Robbery Supervised Release

In A Child Porn Case, The Fourth Circuit Clarifies Who's Opinion About Custody Matters, And Worries About The Government Having A...

In many ways, Faisal Hashime's case is a typical child pornography case. A government agent was on the internet looking at child pornography....more

12/6/2013 - Child Pornography Pornography

Short Wins - The Fair Trial, New Yorker, And Voting Link Edition

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. ...more

12/4/2013 - Confessions Interrogations Law Enforcement Police Trials

Short Wins - Blog 100 Announcement Edition

1. United States v. Arreguin, Ninth Circuit: Appellant's motion to suppress evidence was denied by the District Court. The Ninth Circuit reversed and remanded, directing the trial court to grant the motion to suppress....more

11/27/2013 - Evidence Suppression Fourth Amendment Plain View Doctrine Search & Seizure

Short Wins - The Greg Poe Vindicates An AFPD's Reputation Edition

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....more

11/19/2013 - Federal Sentencing Guidelines Fraud Sentencing Trials

Short Wins - Three Wins

We have three short but good cases from the circuits from last week. I think my favorite is U.S. v. Glover, a nice suppression case....more

11/12/2013 - Evidence Suppression Guilty Pleas Ineffective Assistance of Counsel Minors Search Warrant Sexual Abuse

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