News · Page 5 of 10
News and articles
- Convictions Reversed Because the Defendants Never Personally Waived a Jury
· Appeals
Only you can give up your right to a jury, and in Laney the Ninth Circuit reversed convictions because only the lawyers had signed the waiver.
- The Amy, Vicky, and Andy Act: Restitution in Child Pornography Cases
In a federal child pornography trafficking or possession case, the court must order at least $3,000 in restitution for each victim, and victims can also draw on a federal fund.
- The First Step Act of 2018, Section by Section, in Plain English
The First Step Act changed how federal prisoners earn time off, let them ask a judge for compassionate release, and shortened some drug and gun sentences.
- The First Step Act Passes the Senate, 87-12
The Senate passed the First Step Act 87-12 on December 18, 2018, and the President signed it into law three days later.
- D.C. Sniper Lee Boyd Malvo and the Challenge to Juvenile Life Sentences
· Appeals
Two Supreme Court rulings on juvenile life sentences let D.C. sniper Lee Boyd Malvo win new sentencing hearings, but the case ended after Virginia changed its parole law.
- The Sentencing Commission's December 2018 Proposals, and What Happened to Them
The Commission proposed fixes for Koons and the crime of violence definition in 2018, but lost its quorum and never adopted them as written.
- The Supreme Court's 2018-2019 Criminal Cases and How Each Was Decided
Here are the 13 criminal and related cases the Supreme Court heard in its 2018-2019 term, including Gamble, Garza, Haymond, and Timbs, with each result noted.
- McConnell Agrees to a Senate Vote on the First Step Act
After weeks of pressure from both parties and the White House, Mitch McConnell agreed to a Senate vote on the First Step Act, which passed days later.
- How the Gamble Double Jeopardy Argument Went at the Supreme Court
At the December 2018 argument, the justices were wary of overturning a 170-year-old rule, and the Court later kept the separate sovereigns doctrine, 7-2.
- Is It a Crime to "Encourage" an Undocumented Immigrant to Stay?
· Appeals
Yes, in narrow cases: the Supreme Court upheld the federal "encourage or induce" law in 2023, but read it to cover only purposely soliciting or helping specific illegal acts.
- Can ICE Deport Someone a Federal Judge Released on Bail?
· Appeals
Yes: the Sixth Circuit held a federal judge's bail order does not stop ICE from detaining or deporting a defendant before sentencing.
- Can the State and the Federal Government Both Prosecute You for the Same Act?
Yes. In Gamble v. United States (2019), the Supreme Court kept the rule that a state and the federal government can each prosecute you for the same act.
- Can the State and Federal Government Both Prosecute You for the Same Act?
· Appeals
Yes: in Gamble v. United States (2019), the Supreme Court kept the "separate sovereigns" rule, so state and federal prosecutors can each charge the same conduct.
- He Cooperated and Got 10 Years Over the Range. The Fifth Circuit Said No
The Fifth Circuit threw out a sentence more than 10 years above the guideline range for a man who cooperated at risk to his life, and even the government agreed.
- Bridgegate Case: Civil Rights Counts Dismissed, Fraud Convictions Later Reversed
· Appeals
The Third Circuit threw out the Bridgegate civil rights counts in 2018, and in 2020 the Supreme Court reversed the remaining fraud convictions.
- Can You Get a New Trial If a Juror Hid Something During Jury Selection?
· Trial
Possibly: in United States v. French, the First Circuit ordered a hearing into a juror who left out her son's drug convictions, even two years after trial.
- Can a Prior State Drug Conviction Raise Your Federal Sentence?
It can, but in the Second Circuit a state drug conviction counts under the gun guideline only if the drug is also on the federal list.
- Can a Judge's Hidden Racial Bias Affect a Sentence?
It can: studies show judges carry hidden racial and ethnic biases like everyone else, though awareness and clear decision rules help keep them in check.
- The Federal Sentencing Memorandum: 5 Keys to Persuading the Judge
A sentencing memorandum is your written argument for a specific sentence, and it is often your best chance to shape the judge's view before the hearing.
- Can a Guideline Mistake Be Fixed on Appeal If Nobody Objected?
Usually yes: the Supreme Court held that an obvious guideline error that affects the sentence should ordinarily be corrected on appeal.