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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.

August 6, 2021
Tenth Circuit Reverses State Conviction Based on Batson: Johnson, 19-5091

The Tenth Circuit Reversed a state conviction based on a Batson Claim.

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July 30, 2021
Failing to Ask for Variance can Serve as Ineffective Assistance of Counsel: Thomas

The failure to ask for a downward variance due to a pending deportation when the PSI gave clues to its viability serves as a reminder to all.

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July 25, 2021
Sentencing Enhancements Need More Than Physical Proximity

The Third Circuit vacated a sentence based on an improper sentencing enhancement concerning drugs and guns and the issue of physical proximity

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July 18, 2021
Senator Schumer and others begin consideration of the Cannabis Administration and Opportunity Act

Chuck Schumer Recently Began Considering the Cannabis Administration and Opportunity Act

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June 18, 2021
United States Sentencing Commission Sex Crime Offenders Data

The United States Sentencing Commission Published a Report with information on Sex Crimes cases.

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June 14, 2021
Supreme Court Makes Decision in Terry: 404 Case

The Supreme Court Determined in Terry that "a crack offender is eligible for a sentence reduction under the First Step Act only if convicted of a crack offense that triggered a mandatory minimum sentence."

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June 13, 2021
Reckless Mens Rea Crimes Do Not Count for ACCA Enhancement: Borden

In Borden, the Supreme Court indicated that crimes that involve a Reckless Mens Rea are not suitable enhancements for the Armed Career Criminal Act

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May 31, 2021
2241 Appeal Granted in Holland by the Third Circuit

The Third Circuit granted a 2241 appeal in Holland based on the trade of a gun for drugs, sending the motion back to district court.

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May 23, 2021
Protecting Your Litigation: Biden’s Clemency Announcement

President Biden may flex the clemency power early in his term. Here's what those who are seeking sentencing reform should consider.

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April 18, 2021
Carvajal and the Pandemic in Federal Bureau of Prisons

On Thursday April 15, 2021, Director Michael Carvajal Testified to the United States Senate Judiciary Committee. Director Carvajal testified on several topics including the state of the pandemic inside the Federal Bureau of Prisons, home confinement under the CARES Act, the state of programming under the FIRST STEP Act, and overcrowding concerns in relation to President Biden’s Executive order regarding the use of private prisons.

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