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Category: Blog

From case law developments to perspectives to news, you'll find it here.

May 20, 2022
Florida District Court Grants Compassionate Release: Bronner

FACTS:  Drug Seller With Serious Liver Problems Bronner was incarcerated and serving a 120-month sentence for possession with intent to distribute 28 grams or more of cocaine base. Bronner’s release date was previously set for November 2, 2026. Bronner sought a compassionate release because of a serious deteriorating liver condition and because of the risk […]

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May 20, 2022
Ninth Circuit Overturns Trial Conviction Because of Courtroom Closure: Allen, No. 21-10060

FACTS:  Courtroom closed, Audio Stream Only Allen was found sitting in what appeared to be a stolen vehicle.  A loaded rifle was also found in the vehicle.  He was eventually charged with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g). In September of 2020, when […]

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May 14, 2022
Biden Puts Forth Sentencing Commission Nominees

President Biden nominated seven lawyers for positions on the United States Sentencing Commission, a move that would end their inability to amend the guidelines. What is the United States Sentencing Commission? We have covered the United States Sentencing Commission at great length over the past few years.  You can go here to learn more about […]

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May 14, 2022
Third Circuit: USSG Commentary not Controlling over Guidelines: Abreu

FACTS:  Felon in Possession case with Enhancement for Prior Crime of Violence Abreu pled guilty to felon in possession of a weapon.  In preparing his guidelines the probation department stated that USSG 2k2.1(a)(4) applied.  That thing sets a base offense level of 20 if: the defendant committed any part of the instant offense subsequent to […]

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May 9, 2022
Eleventh Circuit Reverses 2255 Based on Rehaif Claim:  Seabrooks

Facts:  In-time, first 2255 claimant alleges aiding and abetting instruction improper on 922(g) claim Seabrooks was charged with and found guilty of aiding and abetting a 922(g) claim, otherwise known as felon in possession of a weapon.  The testimony at trial indicated that a codendant broke into a car, stole objects and placed them into […]

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April 25, 2022
Fifth Circuit Remands case for Acceptance of a Plea Deal Based on an Illusory Benefit: Pierre

Pierre was a suspected courier for a drug conspiracy.  The agents saw Pierre throw two bags of cocaine into a co-conspirator’s car.  He was later indicted for conspiring to traffic 280 grams or more of cocaine base and distributing 28 or more grams of cocaine base.   The parties came to a plea agreement: Under it, […]

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April 25, 2022
Eleventh Circuit Remands case for Failure to Elicit Objections: Mosely

Facts: Felon in Possession, Judge does not ask for objections before carrying out sentence. Mosely was involved in a foot and car chase with police. During the chase he drove through stop signs and almost crashed into other cars. While running, he hid a gun under a trailer near a house. He was arrested near […]

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April 20, 2022
What are the Differences Beteween Federal and State Crimes?

We often hear people say things that indicate that they did not know that there was a difference between the federal criminal system and the state criminal system where they live. We hear things such as "I may have committed several state crimes but this is my first time in the federal system" or "my […]

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April 16, 2022
The MORE Act: What it is, Where it Stands, and Its Future

We have had a lot of questions about the MORE Act.  There will be several entries here about the MORE Act about this topic but I wanted to start with a primer: The MORE Act, or the Marijuana Opportunity Reinvestment and Expungement Act is a bill that if passed in its current form would decriminalize […]

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April 16, 2022
Ninth Circuit Reverses Conviction because of Constructive Amendment: Blessett

In Blessett, the Ninth Circuit reversed a conviction because of a constructive amendment between the indictment and the jury charge. Facts:  CP case, possible Constructive Indictment Blessett was arrested and a search warrant was executed on his items.  Officers found a laptop, two tablets and five phones.  There were 2009 images and 57 videos of […]

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