John T. Floyd
The “Sadistic Conduct” Enhancement in Federal Child Pornography Cases
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The “Sadistic Conduct” Enhancement in Federal Child Pornography Cases

U.S. Sentencing Guidelines § 2G2.2(b)(4) authorizes a four-level enhancement in child pornography cases when the images possessed or distributed portray sadistic conduct or depictions of violence, which means additional years on top of what is already a very significant term…

Rule of Law Prevails Over Bad Facts in Child Sex Crime Case
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Rule of Law Prevails Over Bad Facts in Child Sex Crime Case

A little over a decade ago, the New York Times called the Fourth Circuit Court of Appeals—which encompasses North Carolina, South Carolina, Virginia, West Virginia and Maryland—“the most aggressively conservative federal appeals courts in the nation.”
 
Time has its…

Justice Department Re-Focuses on Domestic Terrorist, Hate Groups
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Justice Department Re-Focuses on Domestic Terrorist, Hate Groups

Given the tragic terrorist attacks on Paris, we must remain vigilant against the knee-jerk reaction to associate the law abiding, peaceful Muslims living in our communities with the criminals who are terrorizing civilians and governments throughout the world.  Doing otherwise,…

Prosecutors Freeze Assets in Medicare Fraud Case, Prevent Payment of Legal Fees and Create Constitutional Dilemma
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Prosecutors Freeze Assets in Medicare Fraud Case, Prevent Payment of Legal Fees and Create Constitutional Dilemma

The constitutionally guaranteed rights of a criminal defendant sometimes conflict with the interpretation of a criminal statute. When these situations arise, a case generally works its way to the U.S. Supreme Court to resolve the issue. That’s what has happened…


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