» Federal Law

Obstruction of Justice Enhancement Under U.S. Sentencing Guideline §3C1.1

The Eighth Circuit in United States v. Parker, 2017 WL 400282 (8th Cir. 2017) held that conduct that occurred after the offense of conviction and after  the trial does not constitute obstruction of justice. Bender, a defendant, was charged with cons…
Categories: Federal Law
Supreme Court Rules that…

Supreme Court Rules that Appellants Must File A Separate Notice of Appeal from Deferred Restitution Judgments

The Supreme Court, by a 6-2 vote, held that a defendant who wishes to appeal an order imposing restitution in a deferred restitution case must file a separate notice of appeal from that order; if he/she fails to file such an appeal and the government…
Categories: Federal Law
Bank

Second Circuit: Withdrawal of Funds From ATM Does Not Trigger “Financial Institution” Enhancement under U.S.S.G. §2B.1(b)(16)(A) and A Simple Contractual Relationship Does Not Constitute An Abuse of a Position of Trust under §3B1.3.

In United States v. Huggins, 844 F. 3d 118  (2d Cir. 2016) the Second Circuit found that merely withdrawing money from a bank’s ATM does not trigger a sentencing enhancement under § 2B.1(b)(16)(A), which generally adds a two-level enhancement for…
Categories: Federal Law
Fraid

Seventh Circuit Holds That Amount of Loss for Sentencing Enhancement, Restitution and Forfeiture Requires “Reasonable Forseeability” and “Proximate Cause”

In a very important case, the Seventh Circuit departed from the overwhelming majority of cases that with a broad brush, enhance defendants for the full amount of the fraud and order forfeiture and restitution in the full amount, regardless of a defen…
Categories: Federal Law, Fraud
SUPREME COURT PROTECTS SE…

SUPREME COURT PROTECTS SENTENCING GUIDELINES FROM VAGUENESS CHALLENGES

On March 6, 2017, the U.S. Supreme Court in Beckles v. United States unanimously held that defendants cannot challenge the federal Sentencing Guidelines as unconstitutionally vague because they are recommendations subject to a judge’s discretion, n…
Categories: Federal Law

Ineffective Assistance of Counsel: Supreme Court to Decide Whether Prejudice is Required

Recently, the Supreme Court agreed to hear Weaver v. Massachusetts, No. 16-240, and answer the question of whether a defendant who receives inadequate representation from his lawyer must also prove that he was prejudiced by the ineffective assistance…
Categories: Federal Law

Proposed Amendments To Federal Sentencing Guidelines

In December, 2016, the United States Sentencing Commission proposed certain amendments to the federal sentencing guidelines that would be helpful for first offenders in that a 1-2 point reduction in the sentencing guidelines has been proposed. Part A…
U.S. Supreme Court Holds…

U.S. Supreme Court Holds No Pecuniary Benefit Necessary for Criminal Liability for Insider Trading

Today, the U.S. Supreme Court upheld the conviction of Balman, a Chicago grocery wholesaler, who received stock tips from a friend, who had received the inside information from Salman’s brother-in-law, an investment banker at Citigroup. The issue b…
Categories: Federal Law, Securities
Rosemond Rights at Trial After Proffer

Rosemond: A Criminal Defendant's Rights at Trial After a Proffer

On November 1, 2016, in United States v. Rosemond, the Second Circuit Federal Court of Appeals found that the Southern District Court of New York violated the Sixth Amendment by improperly requiring a defendant to limit his defense in a murder trial.…
Categories: Federal Law
Jury

Undermining the Role of the Jury?

The right against self-incrimination is a cornerstone of American jurisprudence, spelled out in the Fifth Amendment to the United States Constitution. In practice, the right against self-incrimination often comes into conflict with the justice system…
Categories: Federal Law

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