What issues do people raise in a federal criminal appeal?
How Does Cooperating In A Federal Criminal Case Work?
How do the federal sentencing guidelines work in federal fraud cases?
How do the federal sentencing guidelines work?
What's the process for imposing sentence in federal court?
How Does A Federal Judge Decide What Sentence To Impose In a Federal Criminal Case?
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
On 24 February 2014, UK prosecutors gained the ability to use deferred prosecution agreements (DPAs) in corporate crime cases. This followed the publication on 31 January 2014 of a Definitive Guideline for the sentencing of...more
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
In a case illustrating the complexity of sentencing white collar crimes, the US Court of Appeals for the Seventh Circuit Court ordered the resentencing of a commodity pool operator where the district court made a “cascade of...more
This past August, a Florida Panhandle man was convicted of manslaughter when his two dogs viciously attacked his seven year old neighbor as the boy was riding his bike. The jury found the dog’s owner responsible for failing...more
The U.S. Supreme Court ruled in Peugh v. United States that a defendant may not be sentenced under guidelines issued after the crime was committed if those guidelines provide for a harsher sentence. This violates the U.S....more
The U.S. Supreme Court has long interpreted the Sixth Amendment to embody a right to effective assistance of counsel, which includes the right to effective assistance during sentencing. There have been several important cases...more
In Harmelin v. Michigan, the U.S. Supreme Court makes clear that there is no proportionality requirement for criminal sentences. Here are some important facts regarding this case...more
In a highly anticipated en banc decision in United States of America v. Blewett, the United States Court of Appeals for the Sixth Circuit addressed whether prisoners previously sentenced for possession of crack cocaine were...more
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
In a key sentencing decision handed down this year, the United States Supreme Court held that the Ex Post Facto Clause is violated when a defendant is sentenced under provisions of the Federal Sentencing Guidelines...more
An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years.
CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more
Elements of a crime that trigger sentence enhancements — such as use of a firearm or endangering the public — are findings of fact that could affect the maximum sentence a person could receive if convicted. Many criminal...more
Many people see white-collar crime as victimless. But a single act of fraud can destroy many lives. Both state and federal governments punish offenders harshly in hopes of deterring others from similar behavior. Depending on...more
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
The blogosphere lit up following George Zimmerman’s acquittal in the Trayvon Martin case, with many bloggers pointing out what seemed to be a similar case with a very different result. Just a year earlier, Marissa Alexander...more
In some cases, avoiding the death penalty represents the best outcome. Such is the case with the now-notorious Cleveland man Ariel Castro....more
- FDIC filing more suits against officers and directors of failed financial institutions
- Third Circuit upholds 12-year prison sentence for former BigLaw associate
- Health care executives...more
Bloomberg BNA is reporting that two prominent Phoenix businessmen were each sentenced to 10 months in prison for their roles in a scheme to stash more than $8 million in secret offshore Swiss bank accounts and for not...more
Trade secret theft can expose defendants not only to multi-million dollar civil verdicts but also to multi-year prison sentences. Trade Secrets Watch reviewed federal criminal trade secrets sentences since the Economic...more
Although the perceived slow pace of investigations and prosecutions by the Serious Fraud Office ("SFO") has come in for a great deal of commentary and criticism, it does appear that the SFO is slowly but surely ramping up its...more
Lawrence S. Bader interviews his partner of many years, Paul R. Grand, who is one of the Bar’s leading white collar criminal defense attorneys, with extensive experience handling complex criminal and civil matters in state...more
A $3 billion fraud scheme, more farcical than dangerous and in any case doomed to fail, led to 20-year sentences in federal prison for all four conspirators. The U.S. Court of Appeals for the 2nd Circuit, however, vacated the...more
Although some have compared the shooting of Darius Simmons by John H. Spooner and the shooting of Travon Martin by George Zimmerman, because both shootings involved criminal profiling and may have been racially motivated, the...more
A recent D.C. Circuit Court of Appeals decision narrows the ability of the government to revisit uncharged crimes against a person whose plea has been vacated due to a change in the law....more
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