Criminal Defense & Sentencing
The Supreme Court`s Taylor Decision Eliminates Attempted Crimes of Violence Under 924(c)
Contrary to popular belief (if you believe the news media), the Supreme Court`s decision in Taylor v. United States, No. 20-1459 (June 21, 2022), had absolutely nothing to do with weakening federal gun laws. In fact, it couldn`t have done so because the case was all about whether an attempted robbery, under federal law, was…
Sentencing Data Show Major Increase in Federal Drug, Gun, and Sex Offense Cases in 2021
The data is out for 2021 and for the first time there were more federal drug convictions than immigration offenses. There were also many more sex offense cases than ever before, and (unsurprisingly) a bigger crackdown on gun crimes. Here`s how the numbers break down from the recent report from the U.S. Sentencing Commission (USSC)….
By the Numbers: Federal Child Pornography Convictions Across the U.S.
Tracking the numbers of federal child pornography convictions across the country isn`t easy. Federal prosecutors are given broad discretion in what charges to bring (or not bring), and what charges to drop in order to induce a guilty plea. They also control, to an extent, the final sentence by the type of charges they file….
Fear of Sex Offender Recidivism Continues Despite Evidence Saying Otherwise
Way back in 2003, Justice Kennedy said in an opinion on a state sex-offense case that “the risk of recidivism posed by sex offenders is frightening and high.” Smith v. Doe, 538 U.S. 84 (2003). He backed this statement by saying that reoffense by sex offenders “has been estimated to be as high as 80%.”…
USSC Report Highlights Problems with Sentencing in Child Porn Cases
If Congress wants to complain that federal judges are “too lenient” on child pornography offenders, it may want to take a look at a recent report by the U.S. Sentencing Commission (USSC) for some answers. The Report, titled Federal Sentencing of Child Pornography Non-Production Offenses, was released in June 2021 and is nearly identical to…
Separating the Judge from the Opinion: Is it Possible?
When someone rejects my proposed theory on something, I tend to take it as if they`re rejecting me personally. While I know this isn`t the case (I hope), it has been a powerful lesson in how I judge people who have opinions that differ from mine. And I think it can be a powerful lesson…
Hobbs Act Robbery is Never a `Crime of Violence` for Federal Sentencing Enhancement Purposes
Finding that Hobbs Act robbery is never a “crime of violence” under the U.S. Sentencing Guidelines (USSG), the U.S. Court of Appeals for the Ninth Circuit held on August 16, 2021, that an enhanced sentence based on a prior Hobbs Act robbery conviction wasn`t harmless and remanded for resentencing. Steven Prigan was convicted of being…
Eric Adams` Complaints About Bail Reform Fall On Deaf Ears, and for Good Reason
Eric Adams` Complaints About Bail Reform Fall on Deaf Ears, and for Good Reason New York City Mayor Eric Adams headed to Albany to complain to lawmakers about bail reform efforts that he says has caused a crime wave in his city. But his complaints fell on deaf ears, and for good reason: Bail reform…
Rejection of Plea Deal to Defendants in Ahmaud Arbery`s Death Exposes Power Struggle Between Federal Prosecutors and Judges
Rejection of Plea Deal to Defendants in Ahmaud Arbery`s Death Exposes Power Struggle Between Federal Prosecutors and Judges The federal judge`s rejection of a plea deal by prosecutors in the case of Ahmaud Arbery`s death exposes a giant problem with plea bargaining in the federal courts: Prosecutors have tremendous power, while the judges have limited…
Prosecutor`s Exhortation for Jury to Send a Message with Guilty Verdict Rendered Sexual Assault Conviction Unconstitutional
Prosecutor`s Exhortation to `Send a Message` with Guilty Verdict Rendered Sexual Assault Conviction Unconstitutional A prosecutor in West Virginia who urged the jury to “send a message to the community” with a guilty verdict in a sexual assault case crossed the line and rendered the conviction unconstitutional, the U.S. Court of Appeals for the Fourth…