Category: Criminal Defense & Sentencing

Criminal Defense & Sentencing

Suspect’s Request to Call Sister Who Was an Attorney Should Have Ended Interrogation, Sex Offense Conviction Overturned

A jury in federal court found Joseph Mr. Zakhari guilty of trying to coerce a minor into engaging in illegal sexual activity in violation of 18 U.S.C. 2422(b) (Count 1); trying to send an offensive image to a minor in violation of 18 U.S.C. 1470 (Count 2); and trying to create child pornography in violation of 18 U.S.C. 2251 (Count 3). The district court sentenced … Continue reading Suspect’s Request to Call Sister Who Was an Attorney Should Have Ended Interrogation, Sex Offense Conviction Overturned

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Criminal Defense & Sentencing

What is the Time Limit for the Federal Government to File for Criminal Forfeiture? The Supreme Court has Agreed to Settle this Big Question

What is the deadline for the government to file a motion for forfeiture in a criminal case? In a case where the government filed a motion for criminal forfeiture two-and-a-half years after sentencing, the U.S. Court of Appeals for the Second Circuit concluded this was perfectly fine and upheld the forfeiture. But not every federal court is on the same page. In fact, the courts … Continue reading What is the Time Limit for the Federal Government to File for Criminal Forfeiture? The Supreme Court has Agreed to Settle this Big Question

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Criminal Defense & Sentencing

Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal

Any allegation that a judge was involved in the plea negotiations is very serious. It suggests the judge may have gone outside the bounds of proper judicial conduct by making or saying inappropriate things during the plea-bargaining process. Federal Rule of Criminal Procedure 11 (Rule 11) lays out the procedural requirements for accepting guilty pleas, so let’s look into this claim further. The goal of … Continue reading Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal

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Criminal Defense & Sentencing

Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant

It’s been said that a prosecutor could convince a grand jury to indict a ham sandwich, and this case proves that a cop could similarly convince a judge to grant a search warrant without any probable cause. Thankfully, a federal judge put a stop to it, although a bit too late. The Cops Came Knocking The case involved some disturbing facts about child exploitation, mainly … Continue reading Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant

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Criminal Defense & Sentencing

Can a Felon Use a Gun in Self-Defense? A Federal Court of Appeals Hints Yes

A federal court has held that a person who is a felon still has the right to argue self-defense with a firearm, despite the fact that he is a convicted felon who cannot possess a firearm under federal law. The court’s decision overturned the lower court’s conclusion that a felon doesn’t have the right to protect himself with a firearm because of the mere fact … Continue reading Can a Felon Use a Gun in Self-Defense? A Federal Court of Appeals Hints Yes

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Criminal Appeals, Criminal Defense & Sentencing

Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest

The U.S. Court of Appeals for the Fourth Circuit held that a man with a sagging sweatshirt acting suspiciously was not enough for “reasonable suspicion” to allow an arrest, agreeing that the evidence in the case should have been suppressed and vacated the conviction. He was thought to be a robbery suspect by a man who saw Daniel Critchfield coming from the area of an … Continue reading Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest

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Criminal Defense & Sentencing, Federal Postconviction

Illinois Prior Look-Alike Drug Conviction No Good for Career Offender

Elion v. United States, No. 20-1725, 2023 U.S. App. LEXIS 20286 (7th Cir. Aug. 7, 2023) After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion’s attorney did not challenge that designation, and the court imposed a 167-month prison term. Through a motion under 28 U.S.C. § 2255, Elion argued … Continue reading Illinois Prior Look-Alike Drug Conviction No Good for Career Offender

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Criminal Defense & Sentencing

Fifth Circuit Declares Federal Firearm Statute at Issue in Hunter Biden’s Case Unconstitutional

Yet another federal firearm statute goes down under the Supreme Court’s recent Bruen decision. The question this time was whether 18 U.S.C. § 922(g)(3), which criminalizes possession of a firearm by a habitual drug user, violated the Second Amendment’s right to bear arms. The Fifth Circuit said it did. United States v. Daniels, No. 22-60596, 2023 U.S. App. LEXIS 20870 (5th Cir. Aug. 9, 2023). … Continue reading Fifth Circuit Declares Federal Firearm Statute at Issue in Hunter Biden’s Case Unconstitutional

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Criminal Defense & Sentencing

Is Indiana Arson a Violent Felony for the Armed Career Criminal Act?

United States v. Gamez, No. 22-2278, 2023 U.S. App. LEXIS 20713 (7th Cir. Aug. 9, 2023) Is Indiana Arson a Violent Felony for ACCA? Sergio Gamez received a 15-year sentence for being a felon in possession of a firearm. This sentence was a result of the district court’s application of the Armed Career Criminal Act’s (ACCA) sentencing enhancement, which was based on Gamez’s three prior … Continue reading Is Indiana Arson a Violent Felony for the Armed Career Criminal Act?

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Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

Eleventh Circuit Says Florida Drug Conviction No Good for Federal ACCA Sentence

United States v. Miles, No. 21-12609, 2023 U.S. App. LEXIS 19662 (11th Cir. July 31, 2023) In a case of first impression, the U.S. Court of Apeals for the Eleventh Circuit held on July 31, 2023, that a conviction for possessing an ingredient to manufacture methamphetamine was not a valid prior conviction for purposes of the Armed Career Criminal Act. Here’s how it came about. … Continue reading Eleventh Circuit Says Florida Drug Conviction No Good for Federal ACCA Sentence

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