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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: federal Sentencing | Illegal Pornography
Child pornography evokes intense feelings of contempt and bias against those whom such charges are leveled.
Illustrative of this contempt is the 50-year prison term imposed on a Rockwall, Texas man by U.S. District Court Judge Sidney A. Fitzwater,…
Category: Drug Trafficking | federal Sentencing
Sentencing in federal drug cases can sometimes pose difficult challenges for the judges imposing sentence. This was illustrated in a December 12, 2017 decision, United States v. Collins, by the Seventh Circuit Court of Appeals.
There was nothing especially…
Category: Appeals | federal Sentencing
A federal district court judge enjoys broad discretion in determining the criminal sentence to be imposed following conviction. This judicial discretion, however, is limited by the requirement that a judge consider the sentencing factors spelled out in 18 U.S.C. §…
Category: Drug Trafficking | federal Sentencing
Federal judges retire, not as frequently as other government and private sector employees but eventually they do leave the bench, one way or the other. The ABA Journal reports that federal judges, like many other retirees, retire because they can…
Category: Federal Criminal Law | federal Sentencing
Attorneys who regularly represent clients in federal court understand one disturbing trend—U.S. attorneys are doggedly trying to force criminal trials to a point of extinction. It can be said that many criminal defendants are, in fact, guilty and their admissions…
Category: Appeals | Drug Trafficking | federal Sentencing
A federal plea agreement is a binding contract between the U.S. Government and a criminal defendant. It is sometimes proffered but more often than not is the result of negotiations between Assistant U.S. Attorneys and criminal defense attorneys.
97…
Category: federal Sentencing | Illegal Pornography | Internet Sex Crimes
LimeWire is a file-sharing program that uses “peer-to-peer” (P2P) technology. LimeWire allows its users to share digital files through an Internet-based network called the “Gnutella network.” A LimeWire user can download any files located by LimeWire. When a user downloads…
Category: Federal Criminal Law | federal Sentencing | Weapon Crimes
The Armed Career Criminal Act of 1984 (“ACCA”) is the federal equivalent of the “three strikes” or “repeat offender” laws now in place in at least 28 states in this country. The ACCA was enacted during the Reagan administration which…
Category: Federal Criminal Law | federal Sentencing | Immigration Crimes
Federal sentencing is a complex process.
The U.S. Supreme Court on April 20, 2016 was forced to confront a conflict among the federal circuits in their review of federal sentences. Their decision was handed down in the case of…
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