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Articles Posted in Federal Criminal Law News

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Federal Sentence Upheld Because of John Dillinger Law: Supreme Court Interprets “to accompany” to Include Moving Victim 9 feet

We handle lots of federal sentencing hearings, in Atlanta, Savannah, Macon, and throughout the federal courts in Georgia and other states as well. We are always interested when courts interpret laws that can impact the sentence that one of our clients might receive. This morning, the United States Supreme Court…

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A word worth 10 years in prison: Supreme Court hears arguments in Whitfield v. United States

“Words, words, words, first from him, then from you–is that all you blighters can do?”, moaned Eliza Doolittle when tiring of her speech lessons in “My Fair Lady.” Ms. Doolittle should be thankful she is not Larry Whitfield. Larry got an extra 10 years in prison for a bank robbery…

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Another Federal Criminal Case Reversed by the Supreme Court

Readers know that federal criminal cases are a large portion of our work, so we pay attention to the laws, reported decisions and news stories about how the “feds” sometimes brings really unfortunate criminal cases. This past Monday, the United States Supreme Court reversed yet another unfortunate federal criminal case,…

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Federal Criminal Law: Supreme Court Agrees that Defendant Should not get Longer Sentence

Recently, the United States Supreme Court issued another ruling that impacts federal criminal cases. The issue in this recent case was whether the Defendant should get an automatic longer sentence that is imposed when “death results” from drugs that the Defendant sold. I previously posted about this case here, and…

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227 Feet Inside a Federal Boundary Line: Making a Federal Case Turns a Life Sentence into a Death Penalty

Criminal defense lawyers here in Atlanta, and other parts Georgia and the rest of the country all occasionally confront the question of why some prosecutions end up in federal court yet similar cases are handled in the state court system. I’ve written on this topic previously. Basically, criminal cases come…

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Federal Criminal Cases and Discretion: the Recent Furor Over IRS Targeting Politically Conservative “Non-Profits”

Federal criminal cases here in Atlanta, throughout Georgia, in Alabama or Florida, and anywhere around the country are all brought after a federal prosecutor makes an independent decision as to whether the matter truly should be brought in federal court. Making this decision involves the time-honored concept of discretion. The…

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The Fourth Amendment in the Modern Age: Supreme Court Looks at DNA Samples Taken From Everybody Who Gets Arrested

Here we go again, the intersection of the Eighteenth Century concept of privacy enshrined in our Fourth Amendment (no searches or seizures except when done pursuant to a warrant based on probable cause) versus the modern “CSI” world where investigators take biological shards to solve the most difficult of crimes.…

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Atlanta-based Federal Court of Appeals Reverses Obstruction Conviction Because No Evidence Defendant Aware of the Proceeding He Supposedly Obstructed

Our local Federal Court of Appeals, sitting just down the street from our offices here in Atlanta, yesterday reversed a federal criminal conviction for obstruction of justice. The prosecutors contended that the defendant tried to obstruct a forfeiture matter. The Eleventh Circuit joined other courts and relied on some earlier…

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Goyal Concurring Opinion: Ninth Circuit Chief Judge Opines on Federal Prosecutors Overreaching by Stretching Criminal Law Beyond its Proper Bounds

The Ninth Circuit Court of Appeals issued its opinion in U.S. v. Goyal on December 10th. The case involved the former CFO of Network Associates, Inc., which is better known by its previous name, McAfee. Mr. Goyal was charged in 15 counts with securities fraud, false filings with the SEC,…

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