Category: Blog

Resentencing in three consolidated appeals may use the Amended 924(c) statute as remanded by the Ninth Circuit Court.  United States v. Merrell, No. 20-30183, 20-30189, 21-30043 (9th Cir. 2022) Appeals Process with 924(c) Convictions This case involves three consolidated appeals involving resentencing.  Each defendant had been resentenced following a successful 28 U.S.C. 2255 motion based […]

  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 […]

This case present a general scienter provision of knowingly or intentionally dispensing controlled substances as authorized. Xiulu Ruan v. United States  Ruan's Supreme Court Syllabus 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 […]

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, […]

A person has the right to go to trial if they are charged with a criminal offense. Consistent with that right to trial is the right to know what the government must prove to find a person guilty. A constructive amendment makes that much more difficult by adding ways that a person can be found […]

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 […]