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The Attorney General has picked someone to replace embattled former director Michael Carvajal as director of the Bureau of Prisons. BOP:  Attorney General Selects New BOP Director Below is an excerpt from the BOP Website about Peters. (BOP) - Today, Attorney General Merrick Garland announced that he has selected Colette S. Peters to serve as […]

United States v. Morris, No. 18-6926 (4th Cir. 2022) District Refuses Modification of Supervised Release Morris pled guilty to two child pornography offenses and was sentenced to sixty months imprisonment.  This was to be followed by a term of ten years of supervised release.  Four years into his sentence, Morris moved to modify eight conditions […]

Serious drug offense case remanded to be sentenced without the ACCA enhancement. United States v. Jackson, 21-13963 (11th Cir. 2022) Jackson entered a guilty plea to one count of being a felon in possession of a firearm.  This was in violation of 18 U.S.C. 922(g). According to the factual basis in support of his plea, […]

Resentencing in three consolidated appeals may use the Amended 924(c) statute as remanded by the Ninth Circuit Court.  United States v. Merrell, No. 20-30183, 20-30189, 21-30043 (9th Cir. 2022) Appeals Process with 924(c) Convictions This case involves three consolidated appeals involving resentencing.  Each defendant had been resentenced following a successful 28 U.S.C. 2255 motion based […]

  When the Court rejected the plea agreement, the government was not allowed to withdraw a lesser charge in the Sixth Circuit. United States vs. Bell, No. 21-5008 (6th Cir. 2022). Bell and Plea Agreement In August 2018, a federal grand jury returned a two-count indictment which charged Bell with distribution of a controlled substance resulting […]

This case present a general scienter provision of knowingly or intentionally dispensing controlled substances as authorized. Xiulu Ruan v. United States  Ruan's Supreme Court Syllabus Petitioners Xiulu Ruan and Shakeel Kahn are medical doctors licensed to prescribe controlled substances. Each was tried for violating 21 U.S.C. 841, which makes it a federal crime, “[e]xcept as […]

On Monday, the Supreme Court issued their ruling in Concepcion vs. United States, No. 20-1650.  Concepcion holds that the First Step Act allows district courts to consider intervening changes in law when resentencing a defendant. Syllabus of Concepcion Congress passed the Fair Sentencing Act of 2010 to correct the wide disparity between crack and powder cocaine sentencing. […]

United States v. Matthews, 19-56110 (9th Cir.) Matthews was convicted of maliciously damaging or destroying property by means of an explosive, in violation of 18 U.S.C. 844(i); and carrying a firearm during a crime of violence, in violation of 18 U.S.C. 924(c). Per statute, an explosive device qualifies as a “firearm” under 924(c), and required […]

Vargas argued that an inchoate offense such as conspiracy does not qualify as a “controlled substance offense” as defined by the Guidelines. Vargas' Argument in District and Fifth Circuit Court Vargas pled guilty to conspiracy to possess with intent to distribute cocaine. The probation officer determined that Vargas was a career offender under U.S.S.G. 4B1.1(a) […]

Prosecutor’s closing statement and cumulative error used to vacate and remand in the Tenth Circuit in Starks case. Trial and Conviction Starks was convicted for possession with intent to distribute fentanyl and heroin. In an unusual manner, the district court decided it would give the bulk its jury instructions before the evidence was heard. At […]