Category: Appeals

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 […]

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 […]

Smithers:  Charged and convicted of Pill-Mill Offenses Smithers was charged with possession of a controlled substance with intent to distribute. The Government then added hundreds of counts to the charges via superseding indictments. At trial the prosecutors brought forth evidence to show that Smithers ran a “pill mill,” essentially that Smithers prescribed pain killer medication […]

The Sentencing Dilemma In the complex world of federal criminal defense, a recent case in the Fifth Circuit has brought to light the critical importance of understanding the authority behind sentencing decisions. Robinson, charged with possession of a firearm by a felon and obstruction of justice, found himself in a predicament during sentencing that led […]

Understanding the Continuous Course of Conduct Doctrine In the realm of federal criminal defense, the Continuous Course of Conduct Doctrine plays a crucial role in determining the outcome of cases. A recent development in the Sixth Circuit sheds light on this doctrine through Cleveland's case (No. 21-3758), where convictions related to drug charges hinged on […]

A twist in case of a trial conviction reversal. In a recent legal development, the case of De La Cruz Nava, charged with conspiracy to distribute methamphetamine, money laundering, and firearms possession related to drug trafficking, took an unexpected turn. Despite her conviction after a jury trial, the Eighth Circuit has reversed and remanded the […]

In a recent legal development, the Fifth Circuit vacated the sentence of an individual, Martinez-Hernandez, who was convicted of transporting undocumented immigrants into the United States. The case centered around two key issues: an enhancement for obstruction of justice and a denial of a reduction for acceptance of responsibility. Willful Obstruction of Justice Martinez-Hernandez received […]

In a recent legal case regarding search and seizure, the Eleventh Circuit made a significant decision in the matter of United States v. Meeks. The case involves a situation where a police officer's mistake of fact led to a traffic stop, raising questions about the protection offered by the Fourth Amendment. Case History Here's what […]

Aybar-Peguero (referred to as Aybar) pled guilty to drug trafficking and concealment money laundering. The claim was that narcotics were being sold out of a convenience store. While allocating to the concealment money laundering case, Aybar said that he knew that what he was doing was illegal. But the following exchange happened: THE COURT: I'm […]

Many of you have been waiting to hear if McClinton v. United States would be heard by the Supreme Court. On June 30, 2023 we learned that the Supreme Court declined to grant certiorari. The White House’s website indicates the following about what certiorari is: In almost all instances, the Supreme Court does not hear […]