Federal Criminal Lawyer Blog

Published by Atlanta, Georgia Federal Criminal Defense Lawyers, Kish & Lietz, P.C.

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  • Di Pietro: Federal Court of Appeals in Eleventh Circuit Upholds Criminal Conviction for Arranging Marriages Between Illegal Immigrants and U.S. Citizens
  • Kottwitz: Eleventh Circuit Holds Trial Court Should Have Given Good Faith Defense Jury Instruction
  • Villarreal: Eleventh Circuit Court of Appeals Denies Speedy Trial Claim Where Ten Years Elapsed Between Indictment and Arrest
  • U.S. v. Belfast: Eleventh Circuit Court of Appeals Holds That § 924(c) May Apply to Crimes of Violence Committed Outside United States Territory
  • U.S. v. Irey: Divided En Banc Eleventh Circuit Holds Criminal Child Pornography Sentence Substantively Unreasonable And Remands for Sentencing at Statutory Maximum
  • Federal Sentencing Disparity Between Crack and Powder Cocaine Reduced
  • Cunningham: Eleventh Circuit Joins Other Courts of Appeals in Holding That Alleged Violations of Supervised Release Do Not Implicate Jury Trial and Evidentiary Standards as Applied by Apprendi and Blakely
  • Garcia-Cordero: Eleventh Circuit Holds “Bring and Present” Requirement of Federal Immigration Law Does Not Violate Criminal Defendant’s Privilege Against Self-Incrimination
  • Skilling: Supreme Court Limits Federal Criminal Honest Services Fraud Law to Bribery and Kickbacks
  • Change of Law in the Eleventh Circuit: Supreme Court Holds That a Sentencing Court May Order Restitution Even After Missing 90-Day Deadline
  • DOJ Implements New Federal Mortgage Fraud Initiative; Prosecutors Here in Atlanta Announce Commitment to be “Key Participants” in Program
  • Breaking News: Supreme Court Limits Honest Services Fraud to Bribery and Kickback Schemes; Holds Skilling Was Not Denied Fair Trial
  • Gilbert: Eleventh Circuit Corrects “Complete Miscarriage of Justice” in Federal Criminal Sentencing Under Career Offender Enhancement
  • Holland: Supreme Court Reverses Eleventh Circuit, Holding That Its Standard for Equitable Tolling of the Federal Habeas Corpus Statute’s Timeliness Provision is Too Rigid
  • Eleventh Circuit Reverses Judge Martin’s District Court Decision that a 30-Year Mandatory Minimum Sentence was Cruel and Unusual Punishment
  • Barber v. Thomas: Supreme Court Holds That Bureau of Prisons Has Been Correctly Calculating Good Time Credits on Federal Criminal Sentences
  • New Holder Memo: Emphasizing “Individualized Assessment” in Federal Criminal Prosecutions
  • Berghuis v. Thompkins: U.S. Supreme Court Holds That One Must Speak to Invoke the Right to Remain Silent
  • Lall: Eleventh Circuit Court of Appeals Holds Confession Involuntary In Federal Criminal Case in Which State Police Had Told Defendant He Wouldn’t Be Charged
  • Carr: Federal Supreme Court Holds That Liability under 18 U.S.C. § 2250 Cannot Be Predicated on Pre-SORNA Travel
  • Frazier: Eleventh Circuit Rejects Polk Argument, Holding that Falsifying Identity of Firearms Purchaser is a Violation of § 922(a)(6) Even If Actual Buyer May Lawfully Purchase Firearms
  • Ghertler: Eleventh Circuit Holds Abuse of Trust Federal Sentencing Enhancement Does Not Apply Where Criminal Defendant Impersonated a Trusted Person
  • Supreme Court Opinions Issued This Morning in Graham v. Florida, U.S. v. Comstock, and Abbott v. Abbott
  • Phaknikone: Eleventh Circuit Holds Myspace Profile Photographs Inadmissible Character Evidence, but Harmless Error
  • Dean: Eleventh Circuit Holds in SORNA Retroactivity Case that the Attorney General Properly Invoked the Good Cause Exception to the Notice and Comment Procedures Required by the APA
  • Stevens: 8-1 Supreme Court Decision Holds Criminal Statute Unconstitutionally Overbroad and Invalid under the First Amendment
  • Lee: Eleventh Circuit Court of Appeals Upholds Conviction for Attempt to Entice a Minor Even Though All Communications Were With “Parent” of Fictitious Minors and Defendant Never Made Arrangements to Meet Minors
  • USSC Issues Press Release Regarding Amendments to Federal Sentencing Guidelines
  • Recency Criminal History Points to be Deleted from Federal Sentencing Guidelines
  • Fowler: Miniscule Evidence Needed to Show Federal Nexus when Murder Prosecuted under Statute Intended to Punish Federal Witness Tampering
  • Upcoming Federal Eleventh Circuit Criminal Decision: Is Sholam Weiss Entitled to Resentencing Following His Extradition from Austria?
  • Berghuis v. Smith: Supreme Court Unanimously Reverses Jury-Diversity-Based Habeas Case in Favor of Government
  • Padilla v. Kentucky: Sixth Amendment Effective Assistance of Counsel Requires Criminal Defense Lawyers to Advise Clients When Pleas Carry a Risk of Deportation
  • Sneed: Eleventh Circuit Holds Sentencing Courts May Not Rely on Police Reports to Determine whether Prior Crimes Were Committed on Different Occasions for ACCA Purposes
  • Long-Term Difficulties Faced By Innocent Federal Criminal Defendants, Even After Acquittal
  • Health Care Fraud Provisions in Federal Bill Passed Last Night
  • 11th Circuit Rules That Fraud Victims Cannot Climb To The Top Of The Pile And Get More Back Than Other Victims
  • Eleventh Circuit Holds No Expectation of Privacy in Delivered Email Messages
  • Harrington v. Richter: Cert Granted in AEDPA Ineffective Counsel Case
  • Bloate: Supreme Court Holds Time Granted to Criminal Defendants to Prepare Pretrial Motions is Not Automatically Excludable under Speedy Trial Act
  • Supreme Court Criminal Case: Police May Reinterrogate a Suspect Two Weeks After He Requests a Lawyer, Even if He Remains in Prison, Lawyerless
  • Upcoming Changes in the Supreme Court?
  • Phillips: A Crack Reduction is a Sentence Under Rule 35
  • Oral Arguments in Third Circuit Electronic Privacy Case – Should the DOJ Need a Warrant to Obtain Location Data from Cell Phones?
  • Eleventh Circuit: Both Defendant and Federal Prosecutors Entitled to Notice and Opportunity to Respond when Court Intends to Rely on New Information in Modification of a Criminal Sentence
  • Eleventh Circuit Discussion of Loss and Restitution in Sentencing for Federal Crimes
  • Briscoe v. Virginia: Federal Supreme Court Upholds Recent Opinion Regarding Testimony By Forensic Analysts in Criminal Trials
  • Supreme Court Grants Certiorari in § 924(c) Cases Regarding Mandatory Minimums in Federal Criminal Firearms Cases
  • Eleventh Circuit Court of Appeals Avoids Rule of Specialty in Federal Criminal Extradition Case… Again
  • DOJ Appoints National Coordinator of Criminal Discovery Initiatives
  • Georgia Innocence Project Exonerates Another Wrongfully Convicted Man
  • Prosecutorial Misconduct -- Federal Criminal Stock-Option Backdating Cases
  • Supreme Court Update: Honest Services Fraud Cases
  • Ben Kuehne Celebrates Dismissal with a Party and You Are Invited!
  • Federal Sentencing Guidelines Amendments Part IV: Drug Crimes
  • Georgia Criminal Defense Lawyer Acquitted of Money Laundering, Drug Conspiracy, and Attempted Bribery
  • Eleventh Circuit Remands Livesay for Resentencing… Again
  • Federal Sentencing Guidelines Amendments Part III: Alternative Sanctions to Prison
  • Eleventh Circuit Holds Crime of Eluding a Police Officer at High Speed or with Wanton Disregard for Safety is a Crime of Violence in the Same Category as Burglary and Arson
  • Federal Sentencing Guidelines Amendments Part II: Economic Crimes
  • Federal Sentencing Guidelines Amendments Part I: Sex Crimes
  • Eleventh Circuit Affirms Dismissal of Money Laundering Charges Against Attorney
  • Eleventh Circuit Holds “Walkaway” Escape is Not a Violent Felony under Federal Armed Career Criminal Act
  • Supreme Court Will Hear Another Miranda Case: Where Criminal Defendant Neither Waived Nor Invoked Rights, Is Further Interrogation Proper?
  • Skilling Added to the Mix of Honest Services Fraud Cases to Be Heard by the Supreme Court
  • Money Laundering Charge Against Criminal Defense Attorney Argued in Federal Appellate Court
  • Eleventh Circuit Takes Government’s Side in Federal Criminal Circuit Split Regarding Section 924(c)
  • Federal Judges Testify That Criminal Sentences for Possession of Child Pornography May Be Too Long
  • Federal Appeal Regarding Funds Needed to Hire Criminal Defense Lawyers
  • Double Jeopardy: Eleventh Circuit Decides Second Federal Criminal Indictment for Same Offenses Must Be Dismissed
  • Federal Circuit Court in Atlanta Vacates Criminal Identity Theft Conviction
  • Federal Supreme Court Will Hear Argument on Federal Criminal Constitutional Law, Affecting Law Here in Atlanta, Georgia
  • The Effect of the Pressure to Cooperate by Federal Prosecutors on White-Collar Criminal Defendants
  • Federal House Subcommittee on Crime holds Hearing on Federal Criminal Law
  • Federal Court of Appeals Limits Calculation of Criminal Insider-Trading Gain for Sentencing Purposes
  • Banishment: Exile Permitted Under Current Georgia and Federal Criminal Law
  • Prison Reimbursement in the Georgia and Federal Criminal Justice Systems
  • Eleventh Circuit Court of Appeals Raises Issue of Standing to Skirt the Rule of Specialty in Federal Criminal Extradition Case
  • New Federal Criminal Law Targets Internet Drug Sales
  • Supreme Court Agrees to Hear Argument on Federal Criminal Honest Services Fraud
  • Supreme Court Establishes New Federal Rule Regarding Criminal Forensic Lab Reports
  • Supreme Court Finds No Federal Constitutional Due Process Right to Access to DNA Evidence in Criminal Cases After Conviction
  • Federal Supreme Court Decides Criminal Collateral Estoppel Issue
  • Black Requests Bail Pending a Decision on Federal Honest Services Fraud Case
  • Federal Drug Case Decided by Supreme Court in Favor of Criminal Defense, Rationality
  • Federal Criminal “Honest Services” Fraud Law Applicable Here in Atlanta to be Reviewed by Supreme Court
  • Fraud Enforcement and Recovery Act of 2009 Expands Fraud and Money Laundering Statutes
  • Criminal Defendants Lose Another Protection of Federal Constitutional Rights
  • Eleventh Circuit Court of Appeals in Atlanta Issues Heads-Government-Wins, Tails-Defendant-Loses Decision in Federal Criminal Case
  • Supreme Court Decision in Federal Identity Theft Case Overrules Eleventh Circuit Precedent, Changing Criminal Law Here in Atlanta
  • Supreme Court Ends Its Streak Protecting Rights With Georgia Federal Criminal Case
  • Supreme Court Agrees to Resolve Circuit Split Regarding Speedy Trial Act in Federal Criminal Cases
  • Federal Case May Impact Suppression of Evidence Resulting from Criminal Seizures of Computers in Georgia, Florida, and Alabama
  • Finally! Federal Supreme Court Limits Criminal Search Rule
  • Divided Supreme Court Protects Federal Criminal Rule
  • Eleventh Circuit Court of Appeals in Atlanta Affirms Tax Fraud Conviction
  • Former Detention Officer at Fulton County Jail in Atlanta Arrested on Federal Criminal Charges
  • Federal Criminal Mortgage Fraud Cases on the Rise
  • Atlanta Criminal Case: U.S. Attorney Decides Not to Initiate Federal Prosecution of Brian Nichols
  • Another Miscarriage of Criminal Justice in Atlanta: The Eleventh Circuit Federal Court of Appeals Renews our Tenacity in Fighting for Rights
  • Scientific Report Should Impact Federal Criminal Cases
  • Federal Bureau of Investigation Raids Georgia Peanut Plant
  • Farias-Gonzalez: Another Atlanta Federal Criminal Case We Hope Gets Reversed by the Supreme Court
  • Federal Court of Appeals in Atlanta, Georgia Overrules 1996 Brown Decision Regarding Criminal Fraud Statute
  • Federal Criminal Sentences May Be Enhanced by Acquitted Conduct
  • United States Supreme Court Affirms Eleventh Circuit Federal Criminal Case
  • United States Supreme Court Limits Definition of “Violent Felony” under Federal Armed Career Criminal Act
  • Two Counts Thrown Out in Federal Criminal Case Against Former Georgia Judge
  • Atlanta Criminal Case: Fulton County D.A. has asked United States Attorneys to Charge Brian Nichols in Federal Court
  • Court of Appeals Hears Arguments In Federal Case Involving Alabama's Former Governor
  • Supreme Court Agrees to Review Eleventh Circuit Sentencing Decision in Federal Criminal Case
  • Prosecutors Unhappy in Federal White Collar Cases: Supreme Court to Decide Whether There Can Be Second Trial for Defendant When First Jury Acquitted But Hung on Some Counts
  • White Collar Crime Prosecutions: Why do some cases simply wither away?
  • Supreme Court Agrees To Hear Federal Criminal Case Involving Identity Theft Statute
  • Crime in the Federal Courts: When Investigators Scrutinize the Judges for Potential Criminal Activity
  • Federal Criminal Cases: Prior Convictions Can Really Hurt
  • Government Urges Supreme Court To Resolve Circuit Split Over Federal Identity Fraud Statute
  • Federal Judge in Atlanta Declares Mandatory Minimum Portion of Federal Statute Unconstitutional
  • Atlanta Federal Criminal Case: Can Police Search a Spouse's Computer?
  • Federal Criminal Attorneys Submit Briefs In Important Federal Criminal Appeal
  • Lawyers in Federal Court; Major Case Affirms Right to Have Company Pay Legal Fees for Employees
  • Sentencing Issues for Federal White Collar Crime Cases
  • Federal Criminal Cases: Some Prisoners Have Email Access
  • Court of Appeals Issues Interesting Ruling In Federal Criminal Case
  • Reversal of Conviction in Federal Criminal Case: Lawyers need to Keep Fighting!
  • Court of Appeals Identifies The Issues In Federal Criminal Appeal
  • Sentencing First Offenders in Federal Court: Is the Tide Finally Turning?
  • Federal Prosecutors Trying to Seize Assets: the Details are Important!
  • Recent Developments in the Federal Criminal Case of Alabama's Former Governor and Richard Scrushy
  • Has a Federal Criminal Prosecutor Prosecuted Innocent People?
  • Atlanta Money Laundering Prosecution: Federal Prosecutors Ordered to Explain Charges
  • Eleventh Circuit Vacates Opinion in Federal Criminal Fraud Case
  • United States Supreme Court Rules that Federal Court of Appeals Cannot Increase Sentence on its own Initiative
  • Crafty federal investigators get help from the courts: suspects must remember to keep their mouths shut
  • Federal Court of Appeals Affirms Sentences in Theft of Trade Secret Case
  • Sentences for Federal Drug Crimes: Why Does the U.S. lead the World in Prison Sentences?
  • Federal White Collar Fraud Conviction Reversed on Appeal: Pattern Jury Instruction on Fraud Held to be Deficient
  • Creative Lawyering in Atlanta, Georgia: The Deal for "T.I." in Federal Court
  • Federal Appellate Court in Atlanta Issues Ruling Concerning an Individual's Right to an Attorney
  • Federal Criminal Sentence of Probation Affirmed on Appeal in Case from Atlanta, Georgia
  • Federal Criminal Charges Dismissed in Atlanta Against Doctor: Be Careful What you Say on an Airplane
  • Winning Strategies Seminar Held for Federal Criminal Lawyers
  • Federal Criminal Sentences in Georgia, Florida & Alabama
  • Criminal Defense Lawyers in Atlanta: What Can We Learn from the Brian Nichols case?
  • Practicing federal criminal law in Atlanta: sometimes it gets a little weird
  • Federal Firearms Offenses: Speech in Birmingham, Alabama
  • Federal Judge's Ruling Provides Some Hope For Individuals Detained On Internet-Based Sex Charges
  • Perfect Storm in federal prosecution: taxes, publicity and race in the Wesley Snipes case
  • Federal Court of Appeals Affirms Sentence Reductions in Federal Criminal Case
  • Appellate review of federal criminal sentences: Let the Battle Begin!
  • Crack Cocaine sentences to be reduced
  • Federal Crack Cocaine sentences: will the unfairness ever end?
  • Federal Crimes: Can Prosecutors Use Similar Act Evidence?
  • Eleventh Circuit Affirms 360 Month Sentence in a Federal Mortgage Fraud Case
  • Federal Criminal Trials: More thoughts on whether the Defendant should testify
  • Federal Criminal Trials: should a defendant take the witness stand?
  • Federal criminal appeals; reversal of Alabama conviction for environmental crimes
  • Drug Crimes in federal court and young people: how to avoid having a stupid mistake become the defining moment in a young person's life
  • Federal Prosecutor's Apparent Suicide Highlights the Stress Associated with the Defense of Internet-Based Federal Charges
  • Criminal defense in Atlanta: Can rapper T.I. get a bond?
  • Search and Seizure in Atlanta, Georgia argued in the Federal Court of Appeals
  • White Collar Criminal Defense in Atlanta, Georgia: fighting against appeals by the government in the United States Court of Appeals for the Eleventh Circuit when defendant gets probation

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Carl Lietz and Paul Kish

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Recent Entries

  • August 31, 2010 10:16 AM
    Di Pietro: Federal Court of Appeals in Eleventh Circuit Upholds Criminal Conviction for Arranging Marriages Between Illegal Immigrants and U.S. Citizens On Friday, the Eleventh Circuit Court of Appeals, where lawyers...
  • August 27, 2010 9:16 AM
    Kottwitz: Eleventh Circuit Holds Trial Court Should Have Given Good Faith Defense Jury Instruction Last week, the Eleventh Circuit Court of Appeals issued its...
  • August 17, 2010 10:34 AM
    Villarreal: Eleventh Circuit Court of Appeals Denies Speedy Trial Claim Where Ten Years Elapsed Between Indictment and Arrest The Eleventh Circuit Court of Appeals held last week that...
  • August 9, 2010 1:18 PM
    U.S. v. Belfast: Eleventh Circuit Court of Appeals Holds That § 924(c) May Apply to Crimes of Violence Committed Outside United States Territory Last month, the Eleventh Circuit Court of Appeals held that...
  • August 4, 2010 2:42 PM
    U.S. v. Irey: Divided En Banc Eleventh Circuit Holds Criminal Child Pornography Sentence Substantively Unreasonable And Remands for Sentencing at Statutory Maximum Last week, the Eleventh Circuit Court of Appeals, sitting en...

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