Matthew G. Kaiser

Matthew G. Kaiser

The Kaiser Law Firm PLLC

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Short Wins - The Late August Edition

United States v. Martinez, First Circuit: Appellant pled guilty to one count of being a felon in possession of a firearm and was sentenced to 70 months' imprisonment. That sentence was vacated because the district court erred...more

8/28/2014 - Criminal Prosecution Firearms Sentencing

Lying Isn't Always Fraud - the Sixth Circuit Sends A Case Back Because Buying Drugs From a Drug Distributor Is What The Drug...

Lester and Nancy Sadler, a husband and wife, ran a series of pain management clinics in Ohio. As the Sixth Circuit explained, "these were not conventional plain clinics." For example, at one clinic patients would...more

7/30/2014 - Criminal Prosecution DEA Drug Distribution Fraud Lying

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 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 "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

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 - Overcriminalization And Prison Costs Head To Congress

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...more

11/7/2013 - Child Pornography Criminal Prosecution Firearms Identity Theft Illegal Drugs Sexual Abuse

A Brady Violation In Tennessee

Placido Mendoza drove a truck from North Carolina to Tennessee. His passenger was Abel Tavera....more

8/8/2013 - Brady Violation Conspiracies Criminal Prosecution Due Diligence Illegal Drugs Methamphetamine

Short Wins - The Last Week Of Blog Nominating And A Bright Spot On Danbury

1. United States v. Esquivel-Rios, Tenth Circuit: Appellant's car, which bore an out-of-state 30 day registration tag, was stopped after a police officer could not verify the tag with a law enforcement database....more

8/5/2013 - ABA Blogs Criminal Prosecution Jury Verdicts Prison Reform

Short Wins

It's been a busy week in the federal circuits - lots of good wins to check out....more

7/23/2013 - Criminal Prosecution DOJ Jury Trial Jury Verdicts

Not So Short Wins - The Catch Up Edition

Dear Readers, Apologies for posting so sparsely lately. Between covering the end of the Supreme Court term for Above the Law and this day job as a lawyer, I've been remiss in keeping you up to date on what's what in the...more

7/16/2013 - Criminal Prosecution Criminal Sanctions Trials

Short Wins - The Fair Sentencing Act And The New York Times On Brady And Criminal Discovery

There was only one win in the federal circuits last week, but United States v. Blewett was a whopper - the Sixth Circuit held that the Fair Sentencing Act applies retroactively to people sentenced before it took effect. ...more

5/20/2013 - Brady Violation Criminal Prosecution Discovery Fair Sentencing Act Sentencing

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