» Drug Crimes
Mandatory Minimum Sentencing: Holder Memo, Justice Safety Valve Act, and Smarter Sentencing Act
December 2nd, 2013
U.S. Attorney General Eric Holder recently issued new policies to the existing mandatory minimum statutes regarding drug offenses. Holder has vowed to work with Congress to make changes to the existing mandatory minimum statutes regarding drug offens…
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Fourth Amendment Violated By Houseguest's Consent to Search
November 30th, 2013
In United States v. Omar Arreguin, 12-50484 (november 22, 2013), the Ninth Circuit held that Appellant’s Fourth Amendment rights had been violated when a houseguest gave agents permission to search. Appellant’s motion to suppress evidence…
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4th Amendment: Search Warrant Application for all Email Accounts Overbroad in Criminal Case.
September 20th, 2013
Warrant applications by federal law enforcement officers to search all of the contents in the e-mail accounts of individuals suspected of purchasing stolen computer equipment were too broad and too general to pass Fourth Amendment scrutiny, The follo…
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Third Circuit Abolishes Judicial Immunity For Witnesses
September 6th, 2013
The Third Circuit Court of Appeals, in U.S.A. v. Quinn, 2013 WL 4504647, held that trial judges no longer have the authority to grant judicial immunity. The decision to grant immunity is solely within the prosecution's discretion.
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Career Offenders Convicted of Crack Offenses ARe Not Elibible for a SEntence Reduction Under 18 U.S.C. §3582(c) If A Downward Departure Under §4A1.3 Was Granted
August 1st, 2013
In United States v. Flemming, No. 12-1118, the Third Circuit held that crack defendants who were designated as career offenders, but were granted downward departures from their career offender status pursuant to U.S.S.G. § 4A1.3, are not entitled to…
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Prosecutorial Misconduct
July 24th, 2012
A Washington Post article today points out that in many cases over the past several decades, federal prosecutors knew that the evidence against a defendant was flawed because the science upon which the conviction had relied was not reliable – yet t…
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