Gamble v. United States: Double Jeopardy and Separate Sovereigns Doctrine

Gamble v. United States, Double Jeopardy, Separate Sovereigns

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 government and…

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Sessions v Dimaya – How Will Justice Gorsuch Vote?

Today the Supreme Court heard oral argument in Sessions v Dimaya. Most people have probably never heard of this little case, but in the world of criminal defense and immigration law Sessions v Dimaya has the potential to be a landmark decision. Sessions v Dimaya – It’s All About The “Residual Clause” At issue in Dimaya is whether…

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Mandatory Guideline Sentences Subject to Johnson Challenge

mandatory guideline sentences

Several important decisions have been handed down over the past several weeks involving challenges to mandatory guideline sentences. In 2005 the Supreme Court decided United States v. Booker, which rendered the Sentencing Guidelines advisory instead of mandatory. If you or a loved one were sentenced before Booker, what I am about to discuss is for you. Unfortunately,…

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Federal Prisoner Cannot Bring 28 USC 2241 Petition In Washington, DC

28 USC 2241

A prisoner claiming to be in custody in violation of the constitution or laws or treaties of the United States may seek a writ of habeas corpus under 28 USC 2241 in the federal district court wherein they are confined. The proper respondent is the custodian of the prisoner. The United States Supreme Court has…

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Bad Advice Amounts To Ineffective Assistance Of Counsel, High Court Rules

ineffective assistance of counsel

Ineffective assistance of counsel is the most common claim presented in a 28 U.S.C. § 2255 motion. A § 2255 motion is used by federal prisoners to seek relief from their conviction or sentence. Under section 2255, a federal prisoner may move to vacate, set aside, or correct their sentence if it was (1) imposed…

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Witness Credibility Findings May Not Be Rejected Without New Hearing

witness credibility

Witness credibility is often key in resolving whether a federal prisoner is entitled to 28 U.S.C. 2255 relief. This is because 2255 claims typically pit the testimony of defendants against their former lawyers. However, since federal district judges are busy, magistrate judges are routinely tasked with making a report and recommendation about whether the defendant’s…

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