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Gavel, scales of justice and law books - federal sentencing concept

US vs. Razzouk: Second Circuit Addresses the Mandatory Victims Restitution Act

In 2011, Sassine Razzouk pled guilty and was convicted of accepting bribes in violation of 18 U.S.C. §666(a)(1)(B) and three counts of tax evasion in violation of 26 U.S.C. §7201. Razzouk was accused of manipulating contractor bidding systems while… Read More
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lady justice with judge's gavel

USA v. Huberfeld: Conspiracy to Commit Wire Fraud

Sentence Vacated Following Improper Application of Federal Sentencing Guidelines In United States v. Huberfeld, 2nd Cir. No. 19-436(L), the Second Circuit Court of Appeals vacated a 30-month prison sentence and a $19 million order of restitution in a… Read More
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OBSTRUCTION OF JUSTICE ENHANCEMENT U.S.S.G.S3C1.1

It is important to understand that failing to produce documents, producing false documents, or misleading investigators, even though the investigators are not state or federal officials, can have serious ramifications down the road. As such, it is es… Read More
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Categories: Federal Law

Drug Quantity Proof / Evidence at Sentencing

In United States v. Rowe, No. 18-1192 (Apr. 2, 2019), the Third Circuit vacated the defendant’s conviction for distribution and possession with intent to distribute 1,000 grams of heroin because the government failed to prove that he distribute… Read More
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Summary of First Step Act

On December 22, 2018, President Trump signed the First Step Act, a prison and sentencing reform bill. Below is a brief summary of some of the provisions. It should be noted that most of the provisions are not retroactive. Modifies Certain Mandatory M… Read More
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Categories: Federal Law

Obstruction of Justice Enhancement Under U.S. Sentencing Guideline §3C1.1

The Eighth Circuit in United States v. Parker, 2017 WL 400282 (8th Cir. 2017) held that conduct that occurred after the offense of conviction and after the trial does not constitute obstruction of justice. Bender, a defendant, was charged with conspi… Read More
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Categories: Federal Law
Supreme Court - Law Offices of Hope C. Lefeber

Supreme Court Rules that Appellants Must File A Separate Notice of Appeal from Deferred Restitution Judgments

The Supreme Court, by a 6-2 vote, held that a defendant who wishes to appeal an order imposing restitution in a deferred restitution case must file a separate notice of appeal from that order; if he/she fails to file such an appeal and the government… Read More
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Categories: Federal Law
Bank - Law Offices of Hope C. Lefeber

Second Circuit: Withdrawal of Funds From ATM Does Not Trigger “Financial Institution” Enhancement under U.S.S.G. §2B.1(b)(16)(A) and A Simple Contractual Relationship Does Not Constitute An Abuse of a Position of Trust under §3B1.3.

In United States v. Huggins, 844 F. 3d 118 (2d Cir. 2016) the Second Circuit found that merely withdrawing money from a bank’s ATM does not trigger a sentencing enhancement under § 2B.1(b)(16)(A), which generally adds a two-level enhancement for c… Read More
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Categories: Federal Law
Fraud - Law Offices of Hope C. Lefeber

Seventh Circuit Holds That Amount of Loss for Sentencing Enhancement, Restitution and Forfeiture Requires “Reasonable Forseeability” and “Proximate Cause”

In a very important case, the Seventh Circuit departed from the overwhelming majority of cases that with a broad brush, enhance defendants for the full amount of the fraud and order forfeiture and restitution in the full amount, regardless of a defen… Read More
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Categories: Federal Law, Fraud
Supreme Court - Law Offices of Hope C. Lefeber

SUPREME COURT PROTECTS SENTENCING GUIDELINES FROM VAGUENESS CHALLENGES

On March 6, 2017, the U.S. Supreme Court in Beckles v. United States unanimously held that defendants cannot challenge the federal Sentencing Guidelines as unconstitutionally vague because they are recommendations subject to a judge’s discretion, n… Read More
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Categories: Federal Law
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