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July 2012 Archives

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 most recent 5th Circuit decisions, government concessions at the appellate level and district court decisions at the trial level. While the focus of this list is crimes of violence warranting a 16 level enhancement, a few selected aggravated felonies will be included as well as a few cases from other districts and some important drug cases.

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."

Mark J. O'Brien's cases have been featured in:
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“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
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  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
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