Category Archives: Federal Criminal Law
Granny Doesn’t Have Authority over the Shoebox: Searches of Private Spaces in Shared Home
The People for the American Way has said the United States Court of Appeals for the District of Columbia is “dominated by right wing…
Victim Restitution in Child Pornography Cases Still In Flux
The road of Hades is sometimes paved with good intentions. This is so with the case of Luis A. Montalvo-Cruz (“Cruz”) whose appeal to…
Criminal Contempt in Bankruptcy Courts
In 2013, there were 1,032,326 bankruptcies filed nationwide, a marked decreased from the number of such filings the previous three years: 2012—1,185,238; 2011—1,379,658; 2010—1,561,225.…
Right to Counsel Survives Unnecessary Assault by Federal Judge
Attorneys and their clients do not always get along. Unpaid fees, differences in defense tactics, false or misinformation shared between the two, and sometimes…
Texas Court Leaves Some Juvenile Lifers in Limbo
The U.S. Supreme Court over the last decade has grappled with the often gut-wrenching decision of how our criminal justice system should treat juveniles…
Incomplete Counterfeit Bills Considered in Federal Sentencing Guideline Calculations
This question has been answered in the affirmative by every court of appeals that has addressed it—the Sixth, Seventh, Eighth, and Ninth. The Third…
Mandatory Minimums Block Eligibility for Reduction in Crack Cocaine Sentences
This was a “novel question” the Third Circuit Court of Appeals answered on March 12, 2014 in the case of Jose Ortiz-Vega (“Ortiz”) who…
Ghost Of Executed Cameron Todd Willingham Awakens Again To Clear Name
In December 1991 a fire at the Corsicana, Texas residence of Cameron Todd Willingham claimed the lives of Willingham’s three children. Navarro County law…
Waiver Of Appellate Rights In Federal Plea Agreements Should Be Thoroughly Explained To Client
An integral, increasingly non-negotiable component of any federal plea agreement requires that the defendant waive his right to appeal or collaterally attack his conviction…
Ineffective Assistance Claim for Misadvice of Immigration Consequences of Plea Sucessfully Raised by the Extraordinary Remedy of Writ of Error Coram Nobis
Ineffective Assistance Claim for Misadvice of Immigration Consequences of Plea Sucessfully Raised by the Extraordinary Remedy of Writ of Error Coram Nobis A writ…
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