Category: Blog

In July 2019, a jury found Belk guilty on several counts, including possession with intent to distribute a controlled substance analogue. On appeal before the Fourth Circuit, Belk argued-among other claims-that there was insufficient evidence for the jury to convict him of possession with intent to distribute a controlled substance analogue. Belk argued on appeal […]

I got a newsletter from the Washington Post earlier today about memoranda put out by the Attorney General concerning charging of offenses. After reading the report and finding the memoranda on Professor Berman's Sentencing Law and Policy blog and the Justice Department, it appears that the Garland Justice Department is going to make substantial changes […]

United States v. Shortman, No. 21-30198 (9th Cir. Dec. 8, 2022) Facts:  Shortman Pleads guilty to conspiracy charges, later alleges no factual basis. Shortman pled guilty to one count of conspiracy to possess with intent to distribute methamphetamine, and one count of possession with intent to distribute. During the plea hearing, Shortman admitted that she […]

United States v. Wilson, No. 22-5068 (6th Cir. Dec. 6, 2022) Facts:  Rifle Found Under Wilson's Seat Along with Other Drugs In In April 2019, officers responded to a shoplifting call and saw three individuals matching the suspects’ description sitting in a truck. One suspect owned the truck and was sitting in the driver’s seat, […]

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 […]