Category: Blog

This case involves two persons who were charged with 922(g) offenses and enhanced by the Armed Career Criminal Act. Two Separate Cases, Two ACCA Enhancements Brown sold drugs to police officers in a series of controlled buys. The police officers conducted a search pursuant to a warrant of his home and found a gun. He […]

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 […]

As many of you know, the United States Sentencing Commission made sentencing guideline amendments that became effective November 1, 2023. These included changes to what constituted Extraordinary and Compelling Reasons for purposes of a 3582(c)(1)(A) motion. Among the changes is an amendment for unreasonably long sentences: (6)       Unusually Long Sentence.—If a defendant received an unusually […]

Sentencing can be one of the most stressful times in a persons life. A person goes form being a defendant to finally convicted of the offense and they get sentenced. In my experience, things happen very fast as well; the parties make their arguments, the defendant makes their allocution, the judge pronounces sentence and then […]

A Bipartisan Move for Justice In a surprising turn of events, the Prohibiting Punishment of Acquitted Conduct Act, spearheaded by Congressman Steve Cohen, made its way through the House Judiciary Committee on November 2, 2023. Notably, the bipartisan measure earned unanimous approval with a 23-0 vote, paving its way to the floor of the full […]

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 […]

Sentencing Commission Proposals Update The United States Sentencing Commission (USSC) is actively considering and proposing amendments to federal sentencing guidelines, with potential implications for individuals currently within prison walls. The proposed changes cover a range of areas, and public comments are invited until February 22, 2024. Potential Guideline Regarding Loss The USSC suggests a noteworthy […]

In a recent legal development, the Second Circuit Court has taken action in the case of Gillon and Aguirre.  Both convicted of possession with intent to distribute drugs. The court's decision, which involves the application of the Double Jeopardy Clause, has significant implications for their sentences. Let's break down the details in simpler terms. The […]

In a significant grant of certiorari for ACCA sentencing, the Supreme Court has chosen to hear the case Erlinger v. United States.  When the Court grants certiorari, it means they are committing to hear and decide on a case. Understanding this process, it's noteworthy that out of over 7,000 cases presented each year, the Court selects […]