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Category: Blog

From case law developments to perspectives to news, you'll find it here.

December 31, 2024
Clemency News: Biden Grants Commutations to Hundreds of CARES ACT and Death Row Inmates

Recently President Biden Granted Clemency to hundreds of individuals in the past few weeks; some of which were on Federal Death Row. Let's take a look at what clemency is, how it was used in this case and where we go from here. The President's Clemency Power As explained on our clemency page, the constitution […]

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December 31, 2024
Out With the Bathwater: BOP Uses a Watchdog Report to Cripple Newsletters

The Bureau of Prisons (BOP) instituted a sweeping change to their e-mail policy that affects inmates and their access to information from newsletters like the federal prison newsletter that I sent from here for the past ten years. Let's talk about what happened and what happens next. How E-mails Used to Work The federal prison […]

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September 14, 2024
Understanding Loper, the APA and Chevron Deference

Administrative Agencies: What they are and what they do There are several agencies that exist in the government that help the executive branch of government (the president) execute the laws on the books. These places can be called administrative agencies. Many of them are things that you know about or are easy to understand:  The […]

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July 14, 2024
Tenth Circuit Reverses Enhancement Applications in "Interesting" Fraud Case: Hess/Koch

Hess and Koch are Charged and Plead Guilty to a Very Different Type of Fraud Case Hess and Koch, persons who owned and worked at a funeral home respectively, were accused of crimes relating to owning a funeral home. Their funeral home would meet with persons seeking cremations for themselves [in the future] or loved […]

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July 13, 2024
First Circuit Upholds Time Served Sentence in Win for Accused: Vinas, 23-1446

Vinas Pleads Guilty to Offenses Around Murder-For-Hire, Gets Time Served Vinas was implicated in a murder-for-hire case. Undercover officers, working on a tip, contacted Vinas, who indicated that he wanted someone to kill two people for unpaid construction work. Vinas and the undercover met several times to discuss the matter and Vinas paid two deposits […]

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June 30, 2024
A Review of the Supreme Court's Decisions in the 2023 Term

Supreme Court holds that Some Jan 6th Defendants May have been Charged Improperly: Fischer, 23-5572 A cold and dispassionate look at one of the statutes used to prosecute Fischer led the Court to determine the statute was improperly used. The Sarbanes-Oxley Act: Normally, an Law Involving White Collar Crimes The Sarbanes-Oxley Act of 2002 (SOX), […]

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June 15, 2024
United States Sentencing Commission Issues 2024 Amendments: Acquitted Conduct, Youthful Offenders

United States Sentencing Commission Promulgates Amendments for 2023-2024 Term The United States Sentencing Commission has recently issued new sentencing commission guidelines and amendments, set to take effect from November 1, 2024 unless congress intervenes. This significant development aims to enhance the overall quality and effectiveness of the sentencing process.  In this article we’ll discuss the […]

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June 14, 2024
Sixth Circuit rules that Motion was properly filed as a Rule 60(b) motion:  in re West

West:  Wrongfully Sentenced to Life in Prison West was indicted for use of interstate commerce facilities in the commission of murder for hire. The district court sentenced West under the portion of the statute that imposes a sentence of life imprisonment in cases where “death results.”  However the indictment “’did not include any allegation that […]

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June 13, 2024
Fifth Circuit Determines Record Insufficient to Find Person to be Career Offender: Rudolph, No. 21-30739

Rudolph is Convicted and Enhanced as a Career Offender even though there is a lack of Clarity Rudolph pled guilty to conspiracy to distribute powder and rock cocaine. The probation officer determined him to be a career offender. This raised his offense level and sentencing guideline range greatly. Rudolph objected to his designation. “On July […]

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June 7, 2024
Supreme Court Makes Ineffective Assistance of Counsel Ruling: Thornell v. Jones

Jones is Charged of Several Murders, Convicted and Sentenced to Death Jones committed three murders in relation to a theft of guns. One of the victims was a small child. Jones was charged with two counts of premeditated first degree murder and one count of attempted premeditated first-degree murder in the state of Arizona. The […]

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