Category: Blog

The U.S. Sentencing Commission published the latest report from its recent series on recidivism of federal drug trafficking offenders released in 2010. About the Sentencing Commission Study "[The study was] third in a series continuing the Commission’s research of the recidivism of federal offenders. It provide[d] an overview of the recidivism of the 13,783 federal drug […]

Conflicting findings result in Seventh Circuit vacating sentence in Davis. Davis Charged with Felon in Possession Davis Tosses  Handgun In June 2019, Chicago police were dispatched to investigate a report of shots fired. When officers arrived on the scene, they saw two cars had just collided. One of the cars had a bullet hole in […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]