Category: Blog

In United States v. Perry, __F.4th__ (5th Cir. 2022), the Fifth Circuit Vacated 924(c) convictions based on either RICO Conspiracy or Drug Trafficking. Facts: Multi-Defendant Trial that involved 924c's and a duplicitous indictment. This consolidated appeal involved ten defendants following a six-week trial. In April 2016, a federal grand jury returned a 47-count superseding indictment […]

Porter was charged in a state case with murder, firearms offenses, and assault with a deadly weapon. During Porter’s jury selection, only one member of the venire was African American, Juror 103. Juror 103 requested a sidebar with the trial judge, explained he worked at a state institution, and stated that the outcome of the […]

A "Bivens" claim refers to legal action against federal officers for violating your constitutional rights.  The Supreme Court issued an opinion in the case Egbert v. Boule, No. 21-147.   More analysis will follow in the future. However, we are reproducing the syllabus in full below for our readers to get the news as quickly […]

Executive order on First Step Act was signed by President Biden on May 25, 2022. This was regarding criminal justice reform. The press release was titled, “President Biden to Sign Historic Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety.” The executive order sweeps broadly and includes the following: Requires full implementation of […]

The Fifth Circuit reversed a conviction for Hamman  based on error of confrontation clause. Hamman was charged with conspiracy with intent to possess meth and conspiracy to distribute meth.  His indictment also alleged two serious drug felonies for purposes of the career offender enhancement. Background He went to trial on the conspiracy charge.  During opening […]

FACTS:  Drug Seller With Serious Liver Problems Bronner was incarcerated and serving a 120-month sentence for possession with intent to distribute 28 grams or more of cocaine base. Bronner’s release date was previously set for November 2, 2026. Bronner sought a compassionate release because of a serious deteriorating liver condition and because of the risk […]

FACTS:  Courtroom closed, Audio Stream Only Allen was found sitting in what appeared to be a stolen vehicle.  A loaded rifle was also found in the vehicle.  He was eventually charged with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g). In September of 2020, when […]

Seven sentencing commissioners but forth by President Biden have been approved. These positions on the United States Sentencing Commission end the inability to amend the guidelines. What is the United States Sentencing Commission? We have covered the United States Sentencing Commission at great length over the past few years.  You can go here to learn […]

FACTS:  Felon in Possession case with Enhancement for Prior Crime of Violence Abreu pled guilty to felon in possession of a weapon.  In preparing his guidelines the probation department stated that USSG 2k2.1(a)(4) applied.  That thing sets a base offense level of 20 if: the defendant committed any part of the instant offense subsequent to […]

Facts:  In-time, first 2255 claimant alleges aiding and abetting instruction improper on 922(g) claim Seabrooks was charged with and found guilty of aiding and abetting a 922(g) claim, otherwise known as felon in possession of a weapon.  The testimony at trial indicated that a codendant broke into a car, stole objects and placed them into […]