Tampa Federal Criminal Defense Lawyer
In Rodriguez, the Eleventh Circuit Court of Appeals vacated a four-level enhancement under federal sentencing guidelines section 2B1.1(b)(2)(B), after concluding that the Government had failed to present any "reliable and specific evidence" to support its contention...
In a major speech on drug charges and mandatory minimums to the Annual Meeting of the American Bar Association on August 12, 2013, United States Attorney General Eric Holder amplified that message by stating that "too many Americans go to too many prisons for far too...
By far, the most concrete and useful of the three pronouncements for criminal defense attorneys made last week was United States Attorney General Eric Holder's Memorandum to all Assistant United States Attorneys regarding the "Department Policy on Charging Mandatory...
Criminal defense attorneys are seeing a change in the landscape of federal crimes. On the same day as United States Attorney General Eric Holder's drug charges and mandatory minimum speech, the DOJ released an eight-page brochure entitled "Smart on Crime: Reforming...
In a series of announcements last month, Attorney General Eric Holder proposed a number of sweeping changes to the Federal Government's federal crimes sentencing practices and policies that could result in real and significant reforms to a bloated system that...
The New York Times has reported the Solicitor General is of the opinion that "secret" NSA wiretaps used in relation to federal crimes should be disclosed to federal criminal defense attorneys defending white collar criminal cases.
The Kupa decision by District Judge John Gleeson of the E.D.N.Y. is an amazing and memorable indictment of the "illegitimate" and deeply entrenched practice of federal prosecutors who use the sentencing enhancements, known as mandatory minimums, authorized by 21...
Following up on his recent proposals to reduce the use of mandatory minimum sentences in federal drug crimes involving non-violent, low-level drug offenders, United States Attorney General Eric Holder has now issued a new directive to all Assistant United States...
Regarding the federal crimes sentencing guidelines career offender designation, the Eleventh Circuit holds that a youthful offender eighteen years or older who pleads guilty and is adjudicated is considered to have sustained a conviction for purposes of the Guidelines...
In Smith v. State, 38 Fla. L. Weekly D2172b (Fla. 2nd DCA 2013), Smith sought review of his judgment and sentence for possession of a controlled substance (oxycodone) and possession of paraphernalia. Smith argued that the trial court erred in denying his motion for...
