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Category: Blog

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

March 12, 2022
United States Sentencing Commission Publishes Annual Sourcebook for Fiscal Year 2021

The United States Sentencing Commission, a non-partisan agency that develops sentencing guidelines for federal criminal cases and takes statistical data for crimes and punishments has developed their annual sourcebook for Fiscal Year 2021. Below are their findings and their fast facts, which is a summary. FY21 Fast Facts The Sourcebook presents information on the 57,287 federal […]

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February 27, 2022
Eastern District of Louisiana Grants Compassionate Release: Ciprano

FACTS:  5th Circuit CR case serving life with two 851 convictions In 1992, Ciprano was charged with conspiracy to distribute cocaine and attempted possession with intent to distribute cocaine.  He was convicted and sentenced to life as he had two prior felony drug convictions under 21 USC 841(b).   In 2022, Ciprano filed a compassionate release […]

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February 27, 2022

FACTS:  Warrantless search of bag possessed by person who was handcuffed and face-down on the ground Buster was believed to be a suspect in a domestic assault.  After refusing a consensual encounter with the officers Buster “took off running,” tripped and fell.  He was wearing a “single strap bag that goes across your body” and […]

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February 19, 2022
6th Circuit Rules Against Compassionate Release: McKinnie

FACTS: Repeat Offender Seeks Compassionate Release for Havis Error, COVID-19 risk McKinnie was sentenced to 151 months imprisonment for federal drug crimes. As part of the analysis, it was determined that McKinnie was a career offender because he had two prior convictions for drug offenses. After sentencing the Sixth Circuit decided Havis, where the court […]

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February 19, 2022
Eighth Circuit Rules on Out of Time 2255 case: Jackson

The Eighth Circuit delivers the end to a cautionary tale about pro-se 2255 filings in Jackson. Facts: 2255 filed by pro se filer after the deadline Jackson was found guilty of conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute and was sentenced to 330 months. His appeal was affirmed and his […]

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February 12, 2022
District of Maryland Grants Compassionate Release in Stacked 924(c) case: Graham

The district of Maryland grants a compassionate release to a person who has both an ACCA enhancement as well as several Stacked 924(c) offenses. FACTS: Bank robber gets mandatory minimum 147 years Graham was charged with six armed robberies spread across four days in 2011. It was alleged that he entered the banks, "brandished a […]

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February 12, 2022
"Recklessness" and Crimes of Violence: Toki

Facts: Toki's (and Maumau's) Well-Tread waters Toki, Maumau and Kamahele were found guilty of several offenses including convictions based on VICAR offenses (remember that VICAR is engaging in crimes like murder, kidnapping, assault and threats that are for the purpose of furthering an illegal enterprise such as a gang) as well as 924(c) offenses. The […]

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February 6, 2022
Bureau of Prisons Initiates National Lockdown:  3 Key Points Update 2/24/2022

We received word from the Bureau of Prisons that several of our legal calls were canceled or needed to be rescheduled this week because of a “national lockdown.”  We researched the matter further and discovered that the BoP implemented temporary security measures nationwide.   (BOP) - In an abundance of caution, following an incident at one […]

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January 29, 2022
Supreme Court Decides Confrontation Clause Issue: Hemphill vs. New York

Facts:  Shooting Death, Fingers Pointed, Transcripts Used In the Bronx there was a fight and then later a shooting.  A stray bullet shot from a 9-millimeter handgun (this is important) struck a two-year old kid.  A witness said that Morris was the shooter.  The witness came back to the station and said that Hemphill was […]

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January 29, 2022
Northern District of Oklahoma Grants Compassionate Release to Vaccinated Person: Cavely

Facts:   Cavely was found charged with several offenses arising out of conspiracy to manufacture and distribute methamphetamine.  He was sentenced to 440 months.  He was 37 years old when he was sentenced and he is now 57.  He has served more than half of his sentence, with 53% of his full term and 63% of […]

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