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An Associated Press Article From February indicated that the United States Senate is looking into problems in the Bureau of Prisons. The United States Senate has launched a bipartisan group to investigate problems in the federal prison system. The Senate Judiciary Subcommittee on Crime and Terrorism will look into a range of issues, including overcrowding, […]

A person has the right to go to trial if they are charged with a criminal offense. Consistent with that right to trial is the right to know what the government must prove to find a person guilty. A constructive amendment makes that much more difficult by adding ways that a person can be found […]

United States v. Taylor, No. 20-1459 (2022) All, the United States Supreme Court has decided the Taylor case, a case of importance to many. In Taylor, the Supreme Court held that Attempted Hobbs Act Robbery Crimes are not Crimes of Violence under 924(c)(3)(A), otherwise known as the “elements clause.”  This is important because many incarcerated […]

In 2019, Morehouse was indicted on one count of distribution of child pornography, in violation of 18 U.S.C. 2252A(a)(2) and (b)(1). Morehouse agreed to plead guilty to the one-count indictment and Probation prepared its presentence investigation report (“PSR”). The PSR attributed a 5-level enhancement to Morehouse’s base offense level for distribution “in exchange for any […]

In United States v. Perry, __F.4th__ (5th Cir. 2022), the Fifth Circuit Vacated 924(c) convictions based on either RICO Conspiracy or Drug Trafficking. Facts: Multi-Defendant Trial that involved 924c's and a duplicitous indictment. This consolidated appeal involved ten defendants following a six-week trial. In April 2016, a federal grand jury returned a 47-count superseding indictment […]

Porter was charged in a state case with murder, firearms offenses, and assault with a deadly weapon. During Porter’s jury selection, only one member of the venire was African American, Juror 103. Juror 103 requested a sidebar with the trial judge, explained he worked at a state institution, and stated that the outcome of the […]

A "Bivens" claim refers to legal action against federal officers for violating your constitutional rights.  The Supreme Court issued an opinion in the case Egbert v. Boule, No. 21-147.   More analysis will follow in the future. However, we are reproducing the syllabus in full below for our readers to get the news as quickly […]

Executive order on First Step Act was signed by President Biden on May 25, 2022. This was regarding criminal justice reform. The press release was titled, “President Biden to Sign Historic Executive Order to Advance Effective, Accountable Policing and Strengthen Public Safety.” The executive order sweeps broadly and includes the following: Requires full implementation of […]

The Fifth Circuit reversed a conviction for Hamman  based on error of confrontation clause. Hamman was charged with conspiracy with intent to possess meth and conspiracy to distribute meth.  His indictment also alleged two serious drug felonies for purposes of the career offender enhancement. Background He went to trial on the conspiracy charge.  During opening […]

FACTS:  Drug Seller With Serious Liver Problems Bronner was incarcerated and serving a 120-month sentence for possession with intent to distribute 28 grams or more of cocaine base. Bronner’s release date was previously set for November 2, 2026. Bronner sought a compassionate release because of a serious deteriorating liver condition and because of the risk […]