Category: Appeals

In Rigdill, a federal criminal appeal, the 9th Circuit held that a Fourteen-Level Enhancement required clear and convincing evidence from the government.

A New Case Before the Supreme Court:  Shular v. United States When legal conversation touches on the 'categorical approach', there is one federal criminal sentencing statute that has garnered more attention from the United States Supreme Court this term than any other. In fact, the ACCA statute is ‘the gift that keeps on giving’ because […]

"How Long is the Federal Criminal Appeals Process?" This is a question our office gets all the time, and it would be great if we could give a clear-cut answer; however, the short and sweet truth of the federal criminal appeals process is that it takes as long as it takes. Sometimes it can take […]

The Supreme Court judgement under Rehaif said that a felon must have knowledge that they are unable to be in possession of a firearm. Why is the Rehaif Case Important? The Rehaif case may be significant because of its consequences.  It is possible that there will now be a flood of litigation from defendants who will […]

A main misconception is that a federal criminal appeal is an opportunity to re-address or re-open the facts that were presented at trial.

In United States vs. Lewis, 17-7033, the Tenth Circuit offered guidance on how to apply Mathis to a Johnson Claim

In United States vs. Qunitero,  No. 17-20727 the Fifth Circuit held that an error in the sentencing guidelines could meet the plain error analysis. Quintero pled guilty to illegally re-entering the U.S. He wasoriginally scheduled for sentencing under the 2015 Guidelines, but was delayedto December after the 2016 Guidelines Manual had gone into effect. Quintero […]

In the Wake of Dimaya, Congress Creates a Sweeping Definition of a “Crime of Violence” A recent op-ed in the New York Times characterizes the ideology of “America First” as having three pillars – isolationism, protectionism, and restricting immigration. The third pillar is on full display in Congress’s new bill in response to the United […]

SIXTH CIRCUIT FINDS CORRECTED SENTENCE ILLEGAL AND UNREASONABLE United States vs. Nichols, No. 17-5580 Nichols was convicted for felon in possession of a firearm in 2004. While the maximum for that offense is ten years imprisonment, he was enhanced under the Armed Career Criminal Act and received a sentence of 288 months. While in prison, […]

Collins vs. Virginia, 584 U. S. ____ (2018), No. 16–1027. The Supreme Court handed down an important search and seizure case in Collins.   Officers from the Albemarle County Police Department observed the same motorcycle driver commit a traffic infraction in two separate incidents.  In both situations, the cyclist got away from the officers. In both […]