Author: Jeremy Gordon

  When the Court rejected the plea agreement, the government was not allowed to withdraw a lesser charge in the Sixth Circuit United States vs. Bell, No. 21-5008 (6th Cir. 2022). Bell and Plea Agreement In August 2018, a federal grand jury returned a two-count indictment which charged Bell with distribution of a controlled substance resulting […]

XIULU RUAN v. UNITED STATES No. 20-1410 Petitioners Xiulu Ruan and Shakeel Kahn are medical doctors licensed to prescribe controlled substances. Each was tried for violating 21 U.S.C. 841, which makes it a federal crime, “[e]xcept as authorized[,] . . . for any person knowingly or intentionally . . . to manufacture, distribute, or dispense […]

On Monday, the Supreme Court issued their ruling in Concepcion vs. United States, No. 20-1650.  Concepcion holds that the First Step Act allows district courts to consider intervening changes in law when resentencing a defendant. Syllabus of Concepcion Congress passed the Fair Sentencing Act of 2010 to correct the wide disparity between crack and powder cocaine sentencing. […]

United States v. Matthews, 19-56110 (9th Cir.) Matthews was convicted of maliciously damaging or destroying property by means of an explosive, in violation of 18 U.S.C. 844(i); and carrying a firearm during a crime of violence, in violation of 18 U.S.C. 924(c). Per statute, an explosive device qualifies as a “firearm” under 924(c), and required […]

Vargas argued that an inchoate offense such as conspiracy does not qualify as a “controlled substance offense” as defined by the Guidelines. Vargas' Argument in District and Fifth Circuit Court Vargas pled guilty to conspiracy to possess with intent to distribute cocaine. The probation officer determined that Vargas was a career offender under U.S.S.G. 4B1.1(a) […]

Prosecutor’s closing statement and cumulative error used to vacate and remand in the Tenth Circuit in Starks case. Trial and Conviction Starks was convicted for possession with intent to distribute fentanyl and heroin. In an unusual manner, the district court decided it would give the bulk its jury instructions before the evidence was heard. At […]

An Associated Press Article From February indicated that the United States Senate is looking into problems in the Bureau of Prisons. The United States Senate has launched a bipartisan group to investigate problems in the federal prison system. The Senate Judiciary Subcommittee on Crime and Terrorism will look into a range of issues, including overcrowding, […]

The trial court’s constructive amendment of indictment was reversed by the Fifth Circuit on Tucker's 922(g)(4) convictions. Tucker's Trial History of 922(g)(4) Tucker was found guilty on two counts of unlawful possession of a firearm, in violation of 18 U.S.C. 922(g). Tucker was charged under 922(g)(4), which makes it illegal for an individual to possess […]

United States v. Taylor, No. 20-1459 (2022) All, the United States Supreme Court has decided the Taylor case, a case of importance to many. In Taylor, the Supreme Court held that Attempted Hobbs Act Robbery Crimes are not Crimes of Violence under 924(c)(3)(A), otherwise known as the “elements clause.”  This is important because many incarcerated […]

In 2019, Morehouse was indicted on one count of distribution of child pornography, in violation of 18 U.S.C. 2252A(a)(2) and (b)(1). Morehouse agreed to plead guilty to the one-count indictment and Probation prepared its presentence investigation report (“PSR”). The PSR attributed a 5-level enhancement to Morehouse’s base offense level for distribution “in exchange for any […]