Category: Blog

In this episode of the Mailbag, we discuss the pending legislation that is before congress that can assist federal inmates and how much of it is stuck in the senate. We also cover what to do if an incarcerated person is denied the CARES Act and whether all of the incarcerated persons are going to […]

Less than six months ago, the U.S. Supreme Court changed long-standing law related to how courts should evaluate restrictions on Second Amendment rights to have firearms. That case was New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022). In the wake of that case, defendants across the country are now […]

Cases involving Ineffective Assistance of Counsel Ineffective Assistance for Failure to Challenge Career Offender Issue on Remand: Cannady United States v. Cannady, No. 20-6906 (4th Cir. 2023) In 2015, Cannady was found guilty of one count of conspiracy to distribute and possess with intent to distribute controlled substances and one count of attempt to distribute […]

The U.S. Sentencing Commission published the latest report concerning how well the guidelines’ criminal history computation predicts recidivism. About the Study (Published June 27, 2022)  In 2005, the Commission examined status points (addressed in §4A1.1(d)) as part of a broader analysis of how well the guidelines’ criminal history computation predicts recidivism. This report revisits the examination of status […]

United States v. Swain, No. 21-6167 (4th Cir. 2022) Swain was eligible for a sentence reduction under section 404(b) of the First Step Act. After filing his motion, U.S. Probation determined that Swain’s Guidelines dropped from 324 to 405 months down to 262 to 327 months. Swain further argued that his Guidelines should be 210 […]

FACTS:  Rodriguez Accused of Drug Smuggling, Denied Minor Role Reduction by Court In August 2020, Rodriguez was asked if he was willing to smuggle drugs into the United States in return for a few thousand dollars. Rodriguez agreed and was provided with drugs already loaded into it and instructed to cross the border and await […]

Facts: Sheperd's defense counsel also represented government's star witness. Sheperd was convicted in the district court for Medicare fraud. On appeal before the Fifth Circuit, Sheperd argued her Sixth Amendment right to effective assistance of counsel had been violated after it was discovered Sheperd’s pretrial counsel also represented one of the government’s star witnesses. The […]

The U.S. Sentencing Commission published the latest report from its recent series on recidivism of federal offenders released in 2010. About the Study (Published September 30, 2021)  This report is the first in a series continuing the Commission’s research of the recidivism of federal offenders. It provides an overview of the recidivism of federal offenders released […]

FACTS:  Expert Testimony Limited, then Soler Convicted At Trial After a four-day trial, Soler was found guilty of attempting persuade, induce, or entice a minor to engage in criminal sexual activity. At trial, Soler sought to present testimony from an expert with a Ph.D in clinical psychology and who is a Board-certified psychologist working at […]

United States v. Bernard, No. 21-3412 (8th Cir. 2022) Bernard was charged in a five-count indictment with multiple crimes including robbery under 18 U.S.C. 2111. Bernard was offered a plea agreement wherein she could plead guilty to the one count of robbery in exchange for dismissal of the remaining four charges. Consistent with the plea […]