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FACTS:  Courtroom closed, Audio Stream Only Allen was found sitting in what appeared to be a stolen vehicle.  A loaded rifle was also found in the vehicle.  He was eventually charged with one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. 922(g). In September of 2020, when […]

Seven sentencing commissioners but forth by President Biden have been approved. These positions on the United States Sentencing Commission end the inability to amend the guidelines. What is the United States Sentencing Commission? We have covered the United States Sentencing Commission at great length over the past few years.  You can go here to learn […]

FACTS:  Felon in Possession case with Enhancement for Prior Crime of Violence Abreu pled guilty to felon in possession of a weapon.  In preparing his guidelines the probation department stated that USSG 2k2.1(a)(4) applied.  That thing sets a base offense level of 20 if: the defendant committed any part of the instant offense subsequent to […]

Facts:  In-time, first 2255 claimant alleges aiding and abetting instruction improper on 922(g) claim Seabrooks was charged with and found guilty of aiding and abetting a 922(g) claim, otherwise known as felon in possession of a weapon.  The testimony at trial indicated that a codendant broke into a car, stole objects and placed them into […]

Pierre was a suspected courier for a drug conspiracy.  The agents saw Pierre throw two bags of cocaine into a co-conspirator’s car.  He was later indicted for conspiring to traffic 280 grams or more of cocaine base and distributing 28 or more grams of cocaine base.   The parties came to a plea agreement: Under it, […]

Facts: Felon in Possession, Judge does not ask for objections before carrying out sentence. Mosely was involved in a foot and car chase with police. During the chase he drove through stop signs and almost crashed into other cars. While running, he hid a gun under a trailer near a house. He was arrested near […]

We often hear people say things that indicate that they did not know that there was a difference between the federal criminal system and the state criminal system where they live. We hear things such as "I may have committed several state crimes but this is my first time in the federal system" or "my […]

We have had a lot of questions about the MORE Act.  There will be several entries here about the MORE Act about this topic but I wanted to start with a primer: The MORE Act, or the Marijuana Opportunity Reinvestment and Expungement Act is a bill that if passed in its current form would decriminalize […]

  Ketanji Brown Jackson confirmed to the Supreme Court Ketanji Brown Jackson was confirmed to the Supreme Court on April 7, 2022. This is a monumental event for the future of the Supreme Court, as she is the first African American woman to be appointed to this position. Brown has an impressive background and qualifications […]

Facts:  Serial Burglar Gets Challenges ACCA Conviction Franklin was sentenced in the District of Minnesota for a federal firearms offense.  He was enhanced under the Armed Career Criminal Act for three prior convictions of Minnesota burglary and two Illinois residential burglary cases.  He did not appeal or file a 2255 within the normal one-year timeframe. […]