Category: Blog

In the 1980's, crack cocaine became a major issue in America. The mandatory minimums that were put into place at that time caused what is known as the 100:1 disparity. This meant that someone convicted of crack cocaine would face harsher penalties than someone convicted of powder cocaine. This was amended in 2009 with the […]

In United States v. Miller, No. 21-4086 (4th Cir. 2022), the Fourth Circuit held that a police stop had been improperly extended. Miller is Stopped for a Traffic Offense, Eventually Charged with Felon in Possession of a Firearm Miller was charged with one count of unlawfully possessing a firearm in violation of 18 U.S.C. 922(g). […]

On June 24, 2019, the Supreme Court decided the case of United States v. Davis.  The decision was a major decision because, in a 5-4 vote, the Court found that a criminal statute was unenforceable as unconstitutionally vague.  Specifically, it held that the federal definition of a “crime of violence” contained in 18 U.S.C. § […]

United States vs. Todd Daggs, E.D.LA 09-CR-166 (September 1, 2022), 2022 WL 4365880 We are pleased to report that we received a reduction in sentence for one of our clients serving a mandatory life sentence.  As relevant here, Daggs was sentenced under 841(b)(1)(A) but also had two 851 enhancements for prior convictions where Daggs served […]

In a recent decision, the Third Circuit held that the loss enhancement under the federal sentencing guidelines does not include the intended loss. The court's ruling could have significant implications for defendants convicted of fraud crimes. In particular, it could lead to significantly lower sentences. The decision is sure to be welcomed by defendants, who […]

United States v. Clark, No. 21-14473 (11th Cir. 2022) In November 2019, a grand jury convicted Clark and 32 codefendants of various controlled substance offenses. Clark eventually entered into a plea agreement with the government which included a broad appeal waiver. However, the parties were notified that the district court would reject the plea agreement […]

District Court Holds that Possession of Destructive Device in Furtherance of a Crime of Violence is Invalid for Arson United States v. Mujera Lung’aho, No. 4:20-cr-288-1 (Order) (E.D. AR, October 18, 2022) 924(c)(1)(B) has a 30-year mandatory minimum sentence. That provision is violated when persons use a “destructive device” during a crime of violence. The […]

Facts: Moore pleads to a drug case but challenged the method of finding of drug weight. Moore plead guilty to crimes involving 21 U.S.C. 841.  One of those counts involved meth in his home. Before sentencing, the probation officer consulted a lab report from the DEA. The DEA report had an amount of the weight […]

Facts:  West was sentenced as if "Death Resulted" When he was Not Charged with Death Resulting West was charged with conspiracy to use interstate commerce in the commission of a murder for hire under 18 U.S.C. 1958. The base statutory maximum there is up to 10 years. If personal injury results, the statutory maximum goes […]

The United States Sentencing Commission has recently issued new sentencing commission guidelines and amendments, set to take effect from November 1, 2023 unless congress intervenes. This significant development aims to enhance the overall quality and effectiveness of the sentencing process. What is the United States Sentencing Commission? We have covered the Sentencing Commission many times […]