Tampa Federal Criminal Defense Lawyer


Important Federal Sentencing Guidelines Decision

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...

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Rules for Withdrawing a Guilty Plea after Sentencing

The Florida Supreme Court in Campbell v. State, 38 Fla. L. Weekly S727a (Fla. 2013) found that a defendant is not entitled to withdraw a plea of guilty or nolo contendere following the rendition of a sentence, based solely on the trial court's failure to formally...

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Grand Theft Conviction Reversed

In McComas v. State, the defendant was convicted of armed burglary of a dwelling, dealing in stolen property, grand theft (of several items), possession of a firearm by a convicted felon, and grand theft of a firearm. 38 Fla. L. Weekly D2134b (Fla. 5th DCA 2013).For...

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The Alleyne Decision

Alleyne v. U.S., No. 11-9335 (U.S. Sup. Ct. June 17, 2013) (Justice Thomas)In Alleyne, the Supreme Court, by a 5-4 vote, reversed its much maligned decision in Harris v. U.S., 536 U.S. 545 (2002), which held that the Apprendi rule does not bar a sentencing judge from...

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