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United States v. Swain, No. 21-6167 (4th Cir. 2022) Swain was eligible for a sentence reduction under section 404(b) of the First Step Act. After filing his motion, U.S. Probation determined that Swain’s Guidelines dropped from 324 to 405 months down to 262 to 327 months. Swain further argued that his Guidelines should be 210 […]

FACTS:  Rodriguez Accused of Drug Smuggling, Denied Minor Role Reduction by Court In August 2020, Rodriguez was asked if he was willing to smuggle drugs into the United States in return for a few thousand dollars. Rodriguez agreed and was provided with drugs already loaded into it and instructed to cross the border and await […]

Facts: Sheperd's defense counsel also represented government's star witness. Sheperd was convicted in the district court for Medicare fraud. On appeal before the Fifth Circuit, Sheperd argued her Sixth Amendment right to effective assistance of counsel had been violated after it was discovered Sheperd’s pretrial counsel also represented one of the government’s star witnesses. The […]

The U.S. Sentencing Commission published the latest report from its recent series on recidivism of federal offenders released in 2010. About the Study (Published September 30, 2021)  This report is the first in a series continuing the Commission’s research of the recidivism of federal offenders. It provides an overview of the recidivism of federal offenders released […]

FACTS:  Expert Testimony Limited, then Soler Convicted At Trial After a four-day trial, Soler was found guilty of attempting persuade, induce, or entice a minor to engage in criminal sexual activity. At trial, Soler sought to present testimony from an expert with a Ph.D in clinical psychology and who is a Board-certified psychologist working at […]

United States v. Bernard, No. 21-3412 (8th Cir. 2022) Bernard was charged in a five-count indictment with multiple crimes including robbery under 18 U.S.C. 2111. Bernard was offered a plea agreement wherein she could plead guilty to the one count of robbery in exchange for dismissal of the remaining four charges. Consistent with the plea […]

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 […]