Supreme Court Case Roundup: Recent Criminal Cases
In this week’s roundup, we’re going to take a look at the current state of the United States Supreme Court calendar, and get quick summaries of all of the criminal cases that are before the Court this term. But, before diving into the cases, here’s a little background on how the Court administers its cases.…
Read MoreFirst Step Act: There Will be a Vote
We have been covering the historic criminal justice reform bill called the FIRST STEP Act for some time now, and some big news just happened this week. On Tuesday, Senator Mitch McConnell of Kentucky changed course and said that the Senate would vote on the FIRST STEP Act before the end of the year. Over…
Read MoreGamble v. United States on Double Jeopardy
On December 6, 2018, the U.S Supreme Court heard oral argument in the case of Gamble v. United States, No. 17-646. Because we covered the Gamble case in some detail last week, we thought it only fitting that we give you the blow-by-blow on how the oral argument went before the Court. A Little Background…
Read MoreAiding Illegal Immigrants: Law and Free Speech
It seems logical that it is illegal to assist undocumented or illegal immigrants in entering the U.S. without following any of the immigration procedures. However, the question of an immigration consultant providing aid to an undocumented or illegal immigrant is a bit more complex. Does a prohibition on advising someone who resides in the U.S.…
Read MoreImpact of Deportation Proceedings on Federal Appeals
There are plenty of instances of a defendant in a federal criminal proceeding simultaneously facing deportation as an illegal immigrant. The situation gets a bit more complicated when a federal criminal defendant is out free on bond when he is detained by U.S. Immigration and Customs Enforcement for deportation proceedings. In United States v. Veloz-Alonso, the…
Read MoreGamble v. United States: Double Jeopardy and Separate Sovereigns Doctrine
On December 6th, the U.S. Supreme Court heard oral argument in the case of Gamble v. United States, which concerns double jeopardy and the separate sovereigns doctrine. Without question, this case will have massive implications for our country. Why? Because, at its core, this case calls into question the ability of both the federal…
Read MoreDouble Jeopardy Rule Reexamined
The double jeopardy rule is one of the more commonly understood principles of the criminal justice system. Per the Fifth Amendment, no “person [shall] be subject for the same offence to be twice put in jeopardy of life or limb.” If a defendant cannot be tried twice for the same crime, then what gives state…
Read MoreDefendant’s Pre-Trial Cooperation Nets Resentencing
It stands to reason that if a defendant facing criminal charges cooperates with the government, then the government will recommend a reduced sentence. In the case of United States v. Mathes, the Fifth Circuit Court of Appeals certainly thought so and ordered that a defendant who exhibited “extraordinary cooperation” in the government’s drug trafficking investigation be…
Read MoreBridgegate Scandal Lingers On But Some Charges Dismissed
The Third Circuit Court of Appeals recently dismissed two counts of civil rights violations against Bill Baroni, the former deputy executive director of the New Jersey Port Authority, and Bridget Anne Kelly, an ex-aide to former New Jersey Governor Chris Christie. They were both convicted of several charges based on their involvement in the infamous…
Read MoreJuror Misconduct After a Conviction: Potential for New Trial?
In United States v. French, the First Circuit Court of Appeals addressed an interesting development in a case involving two defendants charged with owning and running a marijuana farming operation on about 80,000 acres of land in Maine. Both defendants were convicted of the drug-related charges but later found out that one of the jurors on…
Read MoreImpact of Prior State Drug Convictions on Federal Sentences
The Second Circuit Court of Appeals recently tackled a complicated issue involving the application of New York state drug laws to the federal sentencing guidelines for a defendant convicted of possessing Xanax with the intent to distribute and possessing a firearm as a convicted felon. In United States v. Townsend, the Second Circuit took a critical…
Read MoreShould a Conviction Mean That You Can’t Vote?
Voter suppression laws, gerrymandering, and challenges to the Voting Rights Act are all attacks on citizens’ right to vote, and on their vote being counted. Another voter suppression tactic – one that has been around for centuries – is the use of “felony disenfranchisement” laws in the United States, i.e., laws that restrict the right…
Read MoreSentencing Discrimination: The Hidden Role of Implicit Racial Bias
Judges who hand down criminal sentences every day in our federal and state courts engage in sentencing discrimination without even really understanding or being aware of it. How do we know that is true, and what can we do about it? Strangely enough, part of the answer can begin on Broadway. “What do Broadway musicals…
Read More5 Essential Aspects of a Sentencing Memorandum
The best way to present a cogent, organized, and persuasive sentencing argument is through a Sentencing Memorandum. As you may know, in either state or federal criminal court, the next stage following any criminal conviction is the sentencing stage. During this phase of the criminal process arguments from both sides are made to the judge,…
Read MorePlain Error Rule: U.S. Supreme Court Overturns Fifth Circuit
Normally, if a trial court made an obvious mistake in calculating a person’s sentence the mistake should be corrected, right? Well, if the Fifth Circuit had its way, the answer would be “no.” Luckily, the U.S. Supreme Court in a June 2018 decision set the record straight on the proper application of the plain error…
Read More