Category: Blog

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 […]

Facts:  Repeat Offender Challenges Enhancement due to Overbroad State Statute. Owen was enhanced at sentencing under the Armed Career Criminal Act, or ACCA.  In the past he pled guilty to committing the third-degree offense of selling cocaine twice in Minnesota.  These were used in his ACCA enhancement. (Note: The Armed Career Criminal Act (ACCA) sets […]

Government’s Breach of Plea Leads to Vacatur of Sentence on Plain Error: Malone Facts:  Malone Plead Guilty to Charges After Alleged Bond Violations Malone was charged with charges of Fraud, transportation and sale of a stolen motor vehicle.  He was arrested and placed on bond with a condition that he not violate the law again. […]

On October 6, 2022, President Biden indicated that he was pardoning all individuals that were convicted of Federal Marijuana Possession cases. Here is everything that we know so far about Biden's Proclamation and how it will work. Biden Proclaims that Federal Marijuana Possession Offenses are Pardoned The news came out earlier today that all federal […]

In this episode of the Mailbag, we discuss the pending legislation that is before congress that can assist federal inmates and how much of it is stuck in the senate. We also cover what to do if an incarcerated person is denied the CARES Act and whether all of the incarcerated persons are going to […]

Second Amendment Rights Challenged Post Bruen In a landmark decision, the U.S. Supreme Court, through the New York State Rifle & Pistol Ass’n v. Bruen case (142 S. Ct. 2111, 2022), altered the legal landscape regarding the evaluation of restrictions on Second Amendment rights. This change has sparked a wave of challenges nationwide, the constitutionality […]

Cases involving Ineffective Assistance of Counsel Cannady:  Ineffective assistance of counsel proven when, after case remanded for new trial, counsel failed to bring forth new case available on remand that would make client no longer a career offender. Hughes:  Ineffective assistance of counsel proven in 2254 motion when lawyer failed to interview witnesses that would […]