According to a recent study, Florida's inmates serve the longest relative prison sentences in the country. On the surface it looks like Florida's tough criminal laws are working, but a closer look at the statistics reveals another story.The Pew Center on the States...
Tampa Federal Criminal Defense Lawyer
Month: July 2012
Child Pornography Ruling Handed Down By Eleventh Circuit
United States v. Timothy Howard Spriggs, No. 10-14919 (January 10, 2012)This was an appeal from the United States District Court for the Southern District of Florida. The Eleventh Circuit Court of Appeals, led by Circuit Judge Wilson issued an order that Vacated and...
USA v. Bistline, A Bizarre Child Pornography Decision from the Sixth Circuit
The Sixth Circuit issued a bizarre decision in a child pornography case last week (USA v. Bistline). A rehearing en banc is being sought and the Sixth Circuit Defenders filed an amicus brief. A summary of the case is as follows: The district court judge varied (to one...
The Court’s finding the Stolen Valor Act unconstitutional opens up some First Amendment arguments in the criminal sphere
The test provided by the plurality decision is that "there must be a direct causal link between the restriction imposed and the injury to be prevented."Justice Kennedy (joined by Roberts, Ginsburg, and Sotomayor) found that the respondent who lied about receiving a...
Crimes of Violence Under §2l1.2 Warranting 16 Level Enhancement
This list was created to assist attorneys in determining whether or not a prior conviction is a crime of violence warranting a 16 level enhancement under U.S.S.G. §2L1.2(b)(1)(A)(ii). This list will be updated on a monthly basis. It will attempt to include the...