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Category: Blog

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

August 10, 2022
Third Circuit Affirms Decision Not to Apply Intended Loss: Xue

Intended loss not applicable affirmed by Third Circuit in case of Xue's conviction. Scientist Convicted of Scheme to Steal Trade Secrets Xue was a scientist employed by pharmaceutical company GlaxoSmithKline (“GSK”). In 2016, a federal grand jury charged Xue and others with engaging in a scheme to steal trade secrets from GSK. Xue pled guilty […]

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August 4, 2022
Partial 2255 Denial Reversed for Ineffective Assistance of Counsel

Partial Denial of 2255 is reversed by the Eleventh Circuit due to ineffective assistance of counsel for Hesser. Case History In 2013, Hesser went to trial on three counts of tax fraud, in violation of 18 U.S.C. 287.  He also had one count of tax evasion, in violation of 26 U.S.C. 7201. A jury convicted […]

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August 4, 2022
Rule 11 Violations Result in Vacatur of Guilty Plea

In Goliday, the Seventh Circuit vacated the guilty plea because of Rule 11 violations. United States v. Goliday, No. 21-1326 (7th Cir. 2022) History of Goliday's Case Goliday was charged in a superseding indictment with three counts of possession with intent to distribute fentanyl, methamphetamine, and cocaine base, in violation of 21 U.S.C. 841(a)(1). He […]

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July 26, 2022
Fourth Circuit Reverses District Court's Denial of Ancient Writ of Coram Nobis

United States v. Lesane, No. 20-7144 (4th Cir. 2022) Lesane was convicted in 2003 for being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g). Years later, Lesane filed a petition for writ of coram nobis in the Eastern District of North Carolina arguing that he was actually innocent of the […]

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July 26, 2022
2nd Cir.: Substantive Hobbs Act Robbery Not Crime of Violence for Career Offender: Chappelle

In United States vs. Chappelle, the Second Circuit held that Substantive Hobbs Act Robbery was not a crime of violence for the career offender enhancement. Chappelle's Crime and Sentencing Chappelle was charged in a three-count indictment with conspiracy to distribute narcotics, in violation of 21 U.S.C. 846 and 841, conspiracy to commit Hobbs Act robbery, in […]

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July 21, 2022
Law Office of Jeremy Gordon Celebrates Successful 3582 Motion

We are pleased to report that one of our 3582 "compassionate release" motions were granted for a person who had "stacked 924c" offenses. Hudec's Original Sentence Darrell Hudec was originally sentenced to 480 months in federal prison for several offenses.  His sentence included 300 months for firearms offenses under 924(c).  At the time Hudec was […]

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July 21, 2022
Sentencing Commission Publishes Study on Firearms Offenses

The United States Sentencing Commission has published a study titled "What Do Federal Fireams Offenses Really Look Like." You can find the cover page here and the report here. Sentencing Study Overview (Published July 14, 2022)  This report provides in-depth information on federal firearms offenders sentenced under the primary firearms guideline, §2K2.1. The Commission has published reports […]

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July 20, 2022
Sentencing Commission Publishes Study on Illegal Reentry Sentencing

The United States Sentencing Commission has published a study titled "Federal Sentencing and Illegal Reentry: The Impact of The 2016 Guideline Amendment." You can find the cover page here and the study here. Sentencing Study Overview (Published July 20, 2022)  In 2016, the United States Sentencing Commission promulgated an amendment that comprehensively revised the guideline covering […]

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July 20, 2022
Term of Imprisonment to Promote Rehabilitation Improper: Shaw

In Shaw, the Seventh Circuit held that a sentence that was in order to promote rehabilitation was improper. Shaw's Underlying Crime and Supervised Release Troubles Shaw pled guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(A), and being a felon in possession of a firearm, in violation of […]

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July 14, 2022
Sentencing Commission Publishes Study about Recidivism in Drug Program Participants

The U.S. Sentencing Commission published the latest report from its recent series on recidivism of federal offenders released in 2010.  I believe that this is an important study for those who are seeking compassionate release among other things. About The Bureau of Prisons Drug Abuse Programs Recidivism and Federal Bureau of Prisons Programs: Drug Program Participants […]

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