Matthew G. Kaiser

Matthew G. Kaiser

The Kaiser Law Firm PLLC

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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 - 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 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 - The "I'm Not Dead Edition"

1. United States v. Dominic Pelligrino, Second Circuit: Appellant Pellegrino was charged with having violated New York's narcotics laws and pleaded guilty in state court. Although the circuit court found his arguments...more

11/1/2013 - Bribery Civil Forfeiture Copyright Healthcare Fraud Infringement Pleas Police Misconduct Sentencing Wire Fraud

Short Wins - The BOP Makes Prison Harder For Women, And Blog Lobbying

It's a bit of a sleepy week in the circuits, but not too sleepy in the news....more

7/30/2013 - Drug Possession Federal Sentencing Guidelines Prison Sentencing

Short Wins - Assault On An Officer And The Ex Post Facto Clause

There were three wins in the federal circuits last week, discussed below. The most interesting is probably United States v. Zabawa which gives a fair shake at sentencing to someone who assaulted an officer (who headbutted...more

6/14/2013 - Assault Bank Robbery Counterfeiting Ex Post Facto Clause Police Sentencing Trafficking

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

Short Wins - President's Day Edition

It's a scattershot collection of sentencing remands in this week's short wins....more

2/19/2013 - Conspiracies Drug Distribution Fair Sentencing Act Illegal Drugs Mail Theft Resentencing Sentencing Sex Trafficking USPS

Short Wins - Restrictions On Prison Communications, Career Offender Remands, Competency Hearings, And Mail Fraud

In our first "Short Wins" of the new year, the Eighth Circuit reverses a district court's order restricting a person in BOP custody from communicating with folks on the outside, the Ninth Circuit reverses on a career offender...more

1/7/2013 - Competency Counterfeiting Drug Trafficking Fraud Right To Counsel Sentencing

Short Wins - Mayan Apocalypse Edition; The World Didn't End, But There Are New Cases On Restitution, Health Care Fraud, Federal...

One would have thought that, with the end of the world predicted for Friday of last week, our nation's appellate courts would have spent their last week on Earth with family or friends, rather than cranking out wins for folks...more

12/26/2012 - Abuse of Discretion Bank Fraud Fraud Healthcare Restitution Sentencing Sequestration Stalking

Short Wins - Stealing The Identity Of A Corporation, Conspiracies To Distribute Marijuana, And Jury Instructions For Sexual...

This week's wins cover three circuits and four diverse areas of law. Particularly interesting (to me) are the Fourth Circuit's opinion holding that it may not be a crime to steal the identity of a corporation. It feels...more

12/17/2012 - Fraud Identity Theft Illegal Reentry Jury Instructions Marijuana Sentencing Sexual Assault

A Federal Judge Can't Reopen A Sentencing Hearing, Even When There's $17 million In Restitution At Stake

It's hard, when things go wrong, not to seek a mulligan. And we all get off on the wrong foot sometimes. When a case is in front of a federal judge for sentencing, though, a mulligan is only very rarely...more

12/14/2012 - Appeals Fraud Ponzi Scheme Restitution Sentencing Waivers

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