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Category: Appeals

Whether you went to trial or pleaded guilty, a federal criminal direct appeal remains the most important avenue for you to fight your conviction.

February 17, 2024
Fourth Circuit Issues Important Case Interpreting Ruan: Smithers

Smithers:  Charged and convicted of Pill-Mill Offenses Smithers was charged with possession of a controlled substance with intent to distribute. The Government then added hundreds of counts to the charges via superseding indictments. At trial the prosecutors brought forth evidence to show that Smithers ran a “pill mill,” essentially that Smithers prescribed pain killer medication […]

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December 22, 2023
Sentencing Authority Challenged: Robinson

The Sentencing Dilemma In the complex world of federal criminal defense, a recent case in the Fifth Circuit has brought to light the critical importance of understanding the authority behind sentencing decisions. Robinson, charged with possession of a firearm by a felon and obstruction of justice, found himself in a predicament during sentencing that led […]

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December 22, 2023
Sixth Circuit Applies Continuous Course of Conduct: Cleveland

Understanding the Continuous Course of Conduct Doctrine In the realm of federal criminal defense, the Continuous Course of Conduct Doctrine plays a crucial role in determining the outcome of cases. A recent development in the Sixth Circuit sheds light on this doctrine through Cleveland's case (No. 21-3758), where convictions related to drug charges hinged on […]

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November 15, 2023
Decoding the De La Cruz Nava Case

A twist in case of a trial conviction reversal. In a recent legal development, the case of De La Cruz Nava, charged with conspiracy to distribute methamphetamine, money laundering, and firearms possession related to drug trafficking, took an unexpected turn. Despite her conviction after a jury trial, the Eighth Circuit has reversed and remanded the […]

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November 15, 2023
Obstruction of Justice in Martinez-Hernandez

In a recent legal development, the Fifth Circuit vacated the sentence of an individual, Martinez-Hernandez, who was convicted of transporting undocumented immigrants into the United States. The case centered around two key issues: an enhancement for obstruction of justice and a denial of a reduction for acceptance of responsibility. Willful Obstruction of Justice Martinez-Hernandez received […]

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November 15, 2023
Search & Seizure in Meeks Case

In a recent legal case regarding search and seizure, the Eleventh Circuit made a significant decision in the matter of United States v. Meeks. The case involves a situation where a police officer's mistake of fact led to a traffic stop, raising questions about the protection offered by the Fourth Amendment. Case History Here's what […]

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July 13, 2023
Second Circuit Reverses Conviction for Failure to Present Sufficient Basis of Mens Rea: Aybar

Aybar-Peguero (referred to as Aybar) pled guilty to drug trafficking and concealment money laundering. The claim was that narcotics were being sold out of a convenience store. While allocating to the concealment money laundering case, Aybar said that he knew that what he was doing was illegal. But the following exchange happened: THE COURT: I'm […]

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July 7, 2023
Supreme Court Declines to Hear Acquitted Conduct Case

Many of you have been waiting to hear if McClinton v. United States would be heard by the Supreme Court. On June 30, 2023 we learned that the Supreme Court declined to grant certiorari. The White House’s website indicates the following about what certiorari is: In almost all instances, the Supreme Court does not hear […]

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June 30, 2023
Tenth Circuit Corrects Court for Failing to Consider Downward Sentencing Guideline Lee

United States v. Lee, No. 21-6167 (10th Cir. 2023) Lee was charged in the state with feloniously pointing a firearm, kidnapping, sexual batter, and possession of a firearm after conviction for a felony. He pled guilty to the felon in possession charge and the state court sentenced him to 84 months. It also dismissed the […]

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June 30, 2023
Second Circuit Clarifies Inevitable Discovery Doctrine: Lauria (Molina)

Moilina's Motion to Suppress Molina was tried and convicted of conspiracy to commit substantive Hobbs Act robbery and brandishing a firearm in connection with a crime of violence. Prior to trial, Molina moved to suppress evidence obtained from several warrants authorizing collection of cell-site location information (CSLI). He argued that the affidavits used to support […]

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