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?
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
Mandatory minimum sentences were introduced in North Carolina 20 years ago in an attempt to both standardize sentencing and to deter criminals from committing acts that would with certainty land them behind bars. By removing...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
Your criminal case has already gone to trial, you’ve been convicted and sentenced, and you’re now in shock over a sentence that was nothing like what your attorney told you to expect. Here’s another surprise for you - you may...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
The U.S. Supreme Court has ruled in favor of Marvin Peugh, who contested the sentencing guidelines used by the court after his conviction for bank fraud in 2009. The case related to whether a court ought to use the sentencing...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
It's a bit of a sleepy week in the circuits, but not too sleepy in the news....more
One of the things that I am often asked is how are fines and penalties calculated for Foreign Corrupt Practices Act (FCPA) violations? ...more
When Bernie Madoff was sentenced to 150 years in prison for financial fraud, many people felt this was not long enough....more