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Category: Appeals

Whether you went to trial or pleaded guilty, a federal criminal direct appeal remains the most important avenue for you to fight your conviction.

October 10, 2021
Motions to Withdraw Pleas: What Factors Are Used?

Gardner filed a motion for plea withdrawal and was denied without a hearing. The Fifth Circuit held a hearing was required.

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October 3, 2021
Fourth Circuit Reverses Compassionate Release Denial

The Fourth Circuit reversed the denial of a compassionate release after the district court failed to consider the applicant’s obesity.

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September 26, 2021
Justice Department Asking for Clemency Petitions for CARES Act Recipients Updated 9/26

Some Cares Act recipients have received a request from the Justice Department to complete a clemency petition.

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August 29, 2021
Quick Hit: Moore and the “Law of the Case” Doctrine

The Law of the Case doctrine prevents reconsidering an issue that has already been decided by the same court or a higher court in the same case.

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August 29, 2021
Fourth Circuit: RICO Conspiracy not a crime of violence: Simmons

In Simmons, the Fourth Circuit Held that a RICO conspiracy was not a "crime of violence" for purposes of 924(c)

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August 23, 2021
Barnstable County: Breakthrough Cases and Vaccinations

Over a year into the COVID-19 pandemic and several months into the spread of the Delta variant of the virus, public health conversations seemingly shifted focus. While 2020 conversations centered primarily on social distancing, masking, and isolation protocols, the rollout of several effective vaccines redirected conversations towards vaccination rates. However, the CDC’s recent adjustment to […]

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August 23, 2021
Fourth Circuit Determines Conflict of Interest in Glover

Glover:  Conflict of Interest Case in Fourth Circuit, 19-4801 Glover was charged with conspiracy to possess with the intent to distribute drugs.  He tried to hire an attorney and sent that attorney thousands of dollars in advance for his services.  The attorney sent the money to the DEA believing that they were drug proceeds.  The […]

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August 22, 2021
First Circuit: Denial of Compassionate Release was Justified: Saccoccia, 20-2045

Saccoccia was sentenced to 660 years (!) for “a panoply of criminal offenses connected to his role in laundering more than $136,000,000 for a Colombian drug cartel.”  The district court sentenced him to the statutory maximum on his charges and then ran them consecutively.  Saccoccia filed a compassionate release motion in May of 2020.  He […]

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August 15, 2021
11th Circuit: District Court Must Rule on All 2255 Claims: Amalfitano

The District Court is required to rule on all aspects of a 2255 motion even when granting relief based on one claim.

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August 6, 2021
Bureau of Prisons Publishes FSA Program Incentives Program Statement

The Program Statement Explains How Inmates Will Be Rewarded for Taking Evidence Based Recidivism Reduction Classes

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