A year ago, Florida lawmakers approved a program that would require pharmacists to enter pain prescription information into a statewide database. Supporters said this would be a powerful weapon against prescription drug abuse for the state, which was struggling in a...
Tampa Federal Criminal Defense Lawyer
Year: 2012
500 Hour Residential Drug Abuse Program and Guns – A Way Out or A Way In?
The Bureau of Prisons prohibits a defendant who receives a two level increase for possessing a gun from receiving the sentence reduction attached as a bonus to completing the 500 Hour Residential Drug Abuse Program (RDAP). Some district court judges have been writing...
Supreme Court of the United States to Hear 924c Issue
The Supreme Court of the United States granted certiorari last week in Alleyne v. United States, No. 11-9335. The federal question of importance is whether under the Sixth Amendment to the United States Constitution, a jury, not a judge, must find that the defendant...
Issues Concerning Child Pornography
Once a photograph or video is uploaded onto the Internet, it becomes almost impossible to retrieve. When a minor is shown in a sexually explicit manner in any photograph or video, it can be considered child pornography. Such material is considered an exploitation of...
To Prescribe or Not – That is the Question for Florida Doctors
Recently in Florida, more than 50 doctors have been arrested for allegedly prescribing or dispensing unnecessary drugs to their patients. This crackdown was inspirited in part by the fact that seven fatalities have recently been reported stemming from prescription...
White Collar Criminal Code Nuance Is Truly Tricky
In Florida, officials claim that individuals have become creative with the various illegal behaviors that they are engaging in for personal gain. This creativity may be evidence of smart individuals purposefully engaging in criminal activity, or it may be evidence of...
A Case Law Roundup
In this blog article we address some of the major case law developments of recent weeks. We hope this offers assistance to any reader that has any of these issues.In White, a divided panel from the Second Circuit vacated a conviction for illegal possession of a gun by...
Attorney O’Brien Comments on Child Sex Crime Case
Attorney Mark O'Brien Comments on Child Sex Crime Case ABC Action News Article
Beware: Feds Enthusiastically Cracking Down on Synthetic Drugs
The last several years have played witnessed to a growing popularity in the use of synthetic drugs. These drugs, which are designed to mimic the chemical effects of cocaine, LSD, methamphetamines, and other hallucinogenic stimulants are sold under street names like...
Shelton – What Did the Eleventh Circuit Really Decide?
It is now common knowledge that the Eleventh Circuit Court of Appeals in Atlanta, Georgia reversed Judge Scrivens' decision in Shelton.Or did it? Let us consider the following and regroup.Shelton v. DOC, et al., arrived in federal court by way of a habeas petition...