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Category: Appeals

Whether you went to trial or pleaded guilty, a federal criminal direct appeal remains the most important avenue for you to fight your conviction.

December 24, 2021
Time-served sentence for enticement of minor was not error: Davis

The Eighth Circuit held that it was not an abuse of discretion to vary below the guidelines and give a sentence of time served for attempted enticement of a minor.

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November 12, 2021
Tenth Circuit provides framework for Personal Use in drug possession cases: Wilson

The Tenth Circuit provided a framework to determine what is personal use for purposes of the guidelines.

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November 4, 2021
Second Circuit Dismisses Appeal Because of Partial Invocation of Plea Waiver: Borden

The Second Circuit considered and rejected a post-sentencing appeal of a sentence after allowing a 2255 motion to be filed because of United States vs. Davis.

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October 26, 2021
Ninth Circuit Reverses Conviction based on False Entries: Tat

The Ninth Circuit reversed a conviction because there was not sufficient evidence to find Tat guilty.

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October 18, 2021
Fourth Circuit Reverses Sex Case Based on Manufactured Jurisdiction Doctrine: Dhavamani

The Fourth Circuit overturns a sex case on manufactured jurisdiction, where the government attempted to change the state charges to federal.

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October 18, 2021
Ninth Circuit Dismisses Appeal Due to Detailed Plea Agreement

The Ninth Circuit declined to grant a person Davis relief because of an express provision in his plea agreement.

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October 10, 2021
Fifth Circuit Overrules Denial of Motion for Plea Withdrawal

Gardner filed a motion for plea withdrawal and was denied without a hearing. The Fifth Circuit held a hearing was required.

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October 3, 2021
Supreme Court Picks Criminal Defense Cases to Consider

The Supreme Court has determined the criminal defense cases to be heard for October 2021 term.

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October 3, 2021
Fourth Circuit Reverses Compassionate Release Denial

The Fourth Circuit reversed the denial of a compassionate release after the district court failed to consider the applicant’s obesity.

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September 27, 2021
Private Search Doctrine Upheld in Ninth Circuit: Wilson

The Ninth Circuit makes an important decision regarding the application of the private search doctrine in child pornography case of Wilson.

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