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O'Brien Hatfield Legal Blog

Federal Crimes Sentencing Changes in Drug Laws

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...

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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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Federal Mortgage Fraud Case to be Decided by Supreme Court

In a white collar mortgage fraud case, how does a district court calculate the "offset value" under the Mandatory Victims Restitution Act when some of the money obtained through a fraudulent loan is returned by giving the lenders the collateral that secures the money....

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Witness Identifications: Often Incorrect?

When an eye-witness identifies a suspect to law enforcement, it rarely occurs from a line up of people through a large glass window, as commonly seen on television shows like "Law and Order." Witnesses will often identify a person from an assortment of six...

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