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Honeycutt Decision By Sup…

Honeycutt Decision By Supreme Court: Major Victory For The Defense in Criminal Forfeiture

The Supreme Court has just made an important step towards protecting defendants in criminal forfeiture.  In Honeycutt v. United States, No 16-142 (June 5, 2017), the Court held that a defendant may not be held jointly and severally liable for proper…

Third Circuit Grants Ineffective Assistance of Counsel Claim

On October 20, 2014, the Third Circuit granted Dung Bui’s habeas petition in U.S. v. Bui, 2014 WL 5315061 (3d Cir, Oct. 20, 2014). Since Congress’ passing of the Antiterrorism and Effective Death Penalty Act in 1996, successful habeas petitions a…

Recent Amendments To Federal Sentencing Guidelines For Drug Cases

These amendments will affect thousands of defendants who are presently incarcerated for federal drug offenses.

Third Circuit in U.S. v. Caldwell Reverses Conviction Where Evidence Of Prior Convictions Were Erroneously Admitted

The Third Circuit, in Caldwell  has issued a lengthy opinion which clearly explains Federal Rules of Evidence 403 and 404(b) and the law regarding the introduction of evidence of prior convictions in a federal criminal trial. Caldwell was convicted…

Federal Defense Attorney Hope Lefeber Discusses Recent Third Circuit Opinions

Third Circuit Spring Recap   U.S. v. Velazquez, 749 F.3d 161 (3d Cir. 2014) In U.S. v. Velazquez, the Third Circuit ruled that the government’s minimal efforts to apprehend Velazquez violated his Sixth Amendment right to a speedy trial. In 200…

Federal Criminal Defense Attorney Hope C. Lefeber Discusses Recent 3rd Circuit Case Ruling That A Person Has No Fourth Amendment Protection When Using Shared Wi-Fi

Last week was a busy week for the Fourth Amendment in the Courts of Appeal. On the same day that the Eleventh Circuit ruled that the Fourth Amendment covers data obtained from cell towers, the Third Circuit in U.S. v. Stanley ruled that the Fourth Am…

Federal Criminal Lawyer, Hope Lefeber, Discusses 11th Circuit Ruling Holding Cell Phone Tracking Unconstitutional

On June 11, 2014, the U.S. Court of Appeals for the 11th Circuit ruled that obtaining data from a cell phone tower without “probable cause” violated the Fourth Amendment. In U.S. v. Quartavious Davis, the Court of Appeals ruled that individuals h…

Federal Criminal Defense Lawyer Hope C. Lefeber Discusses U.S. Supreme Court Decision Granting Police the Right to Stop Vehicles or Persons Upon Anonymous Tip

The U.S. Supreme Court has held that an anonymous 911 tip provides the necessary reasonable suspicion to justify a stop under the Fourth Amendment.

Federal Criminal Attorney Hope Lefeber Discusses Amendments to Federal Sentencing Guidelines

U. S. Sentencing Commission votes to reduce drug quantity table by two levels for most federal drug trafficking offenses.

Supreme Court Hears Arguments On Whether Police Need Search Warrant for Cellphones

In a major test of how to interpret the Fourth Amendment and privacy rights in the digital age, the Supreme Court heard arguments today about whether the police need warrants to search the cellphones of the people they arrest. The courts have long al…

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