I just returned from the Twentieth Annual National Seminar on the Federal Sentencing Guidelines. Kevin Napper, Laurel Moore Lee, and many others organized an outstanding seminar dealing with all aspects of federal criminal sentencing. It is always fun to get together with other federal practitioners and discuss how things are…
Earlier today, I learned of the Federal Criminal Rules Advisory Committee’s decision to vote down (on a 6-5 vote) a proposed change to the Federal Rules of Criminal Procedure that would have required prosecutors to turn over all favorable evidence to the accused. Apparently, the Department of Justice convinced the…
In 2005, the United States Supreme issued its landmark decision in the federal criminal case of United States v. Booker. Among other things, the Court in Booker ruled that the federal sentencing Guidelines are no longer mandatory, but are instead advisory. Before Booker, it was undisputed that courts were required…
Michael Diaz was charged with armed robbery and gun offenses nearly seven years ago. Since the age of 13, he has “changed identities” five times and has been diagnosed with schizophrenia and psychosis. He represented himself during a bench trial in 2006, but the Eleventh Circuit vacated his convictions, holding…
Last Monday, the Eleventh Circuit Court of Appeals decided United States v. Gowdy, an unbelievable case in which the Eleventh Circuit joined several other circuits in holding that one need not actually be in federal custody to escape from federal custody under 18 U.S.C. § 751(a). Gowdy was convicted in…
In this post in August, we reported that the Eleventh Circuit had held that a trial court abused its discretion in failing to instruct the jury on good faith reliance. In that opinion, the Court vacated convictions on three counts, but affirmed a conspiracy conviction. Last week, in United States…
Federal criminal lawyer (and crackerjack fishing guide) Steve Salter sent us a link to a unique story involving a request by a lawyer to delay a federal trial so that he could attend the BCS title game in Arizona. In his request, the lawyer (and Auburn football fan) asked the…
Last week, the Eleventh Circuit Court of Appeals decided United States v. Forey-Quintero. The Court held that Mr. Forey-Quintero, whose mother became a naturalized U.S. citizen while he was a minor, did not obtain derivative citizenship because he was not a lawful permanent resident before he turned 18. Mr. Forey-Quintero…
Next Monday, the federal Supreme Court will hear arguments in Pepper v. United States. In this fascinating case, the Court will consider whether judges can take a prisoner’s efforts at rehabilitation into consideration when that prisoner is resentenced. This case is interesting both because the government has changed its stance…
Ed. Note: On November 1, the U.S. Sentencing Commission’s 2010 Amendments to the federal Sentencing Guidelines went into effect, along with a temporary, emergency amendment to implement Section 8 of the Fair Sentencing Act. On the whole, the amendments reflect a reduction in federal criminal sentences and provide the sentencing…