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Category: Drug Distribution | Drug Manufacturing | Drug Trafficking | federal Sentencing
The federal sentencing scheme is fundamentally unfair. The unfairness is rooted in the fixed mandatory minimums required by law. While the 1986 Anti-Drug Abuse Act was intended to apply mandatory minimum sentences to “major” or “serious” drug traffickers, a 2017…
Category: Appeals | Drug Distribution | Drug Trafficking
Federal/state drug task forces were established in the United States in the early 1970s. The 1986 Anti-Drug Abuse Act institutionalized the DEA Task Force Program which has led to thousands of joint federal/state task forces being established in every state…
Category: Drug Crime | Drug Trafficking
An opioid epidemic has spread across the U.S. with the Center for Disease Control and Prevention estimating that there were more than 72,000 drug overdose deaths nationwide last year. Although increased availability of street drugs such as heroin and illicit…
Category: Drug Crime | Drug Smuggling | Drug Trafficking
San Antonio is one of several large cities near the Mexico border experiencing drug trafficking problems due to the prevalence of “drug cartels.” The DEA and other federal law enforcement agencies have increased their presence in these cities in a…
Category: Appeals | Drug Trafficking
Raymond Baker was convicted in December 2015 in U.S. district court in the Northern District of New York for conspiracy to distribute drugs. Several weeks after the conviction a juror sent Baker’s attorney an email making two allegations of misconduct…
Category: Drug Trafficking | Federal Criminal Law
The core federal drug statute is 21 U.S.C. § 841. This statute focuses exclusively on the manufacture, distribution, dispensation, or possession of a “controlled substance.” The statute has little, if any, interest in the personal use of narcotics. It is…
Category: Drug Trafficking | Federal Criminal Law
Who is responsible for a drug overdose death?
Dubuque, Iowa, the corn capital of the U.S., has a serious drug overdose problem. A local television station reported that through the first eight months of 2016, Dubuque had 23 heroin…
Category: Drug Crime | Drug Trafficking
A 36-year-old man was recently arrested for parking an RV with a large amount of marijuana across the street from Hondo High School in Medina County.
While serving a search warrant, officers found 10 pounds of marijuana plants, dozens…
Category: Constitutional Law | Drug Trafficking
The Sanctity of The Home Reinforced by Second Circuit
The U.S. Supreme Court has for nearly six decades has recognized the fundamental Fourth Amendment right of a person “to retreat into [their] home and there be free from unreasonable governmental…
Category: Criminal Law | Drug Trafficking | Police Misconduct
A “fog line” is a white (usually bright) line painted on the right side of a roadway separating the roadway from what is known as an “improved shoulder.”
Under Texas law, Transportation Code § 545.058(a), an operator of a…
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