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Prosecution Drops Fraud Case

  • Posted by Marcia Shein
  • On August 27, 2010
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Atlana criminal defense attorneys are seeing that some of the people charged with fraud by aggressive prosecutors in recent years are beginning to feel the benefits of a clarification of the law; a clarification that narrows the scope of a corporate fraud statute and makes it harder for prosecutors to prove their cases based on […]
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Federal Judge Upholds Conviction for Death Row Inmate

  • Posted by Marcia Shein
  • On August 26, 2010
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On Tuesday Atlanta appeals attorneys noted that U.S. District Judge William Moore upheld the murder conviction of Troy Davis. He did so after a special evidentiary hearing in June that was ordered by the U.S. Supreme Court to determine whether Davis is innocent. The Supreme Court directed the federal judge to conduct a reexamination of the case after Mr. Davis and […]
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Texas Man Awarded New Sentencing Trial

  • Posted by Marcia Shein
  • On August 26, 2010
  • 0 Comments
Federal criminal appeals occur every day throughout the country. Some appeals go to the appellant’s innocence or guilt. Others attempt to secure different sentences. On Wednesday, August 25, the Texas Court of Criminal Appeals ruled on an appeal that falls into the latter category. The Court of Criminal Appeals awarded Kenneth Dewayne Thomas a new […]
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Man Charged with Possession and Intent to Distribute Rare Drug

  • Posted by Marcia Shein
  • On August 25, 2010
  • 0 Comments
Often, traffic stops lead to other criminal charges such as drunk driving or drug possession. This pattern continued during a recent traffic stop near Atlanta, Georgia. A Somali man who is living in the United States on a work visa was pulled over and now faces multiple drug charges after police found a rare drug […]
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Allegations of Mortgage Fraud Are on the Rise in Atlanta

  • Posted by Marcia Shein
  • On August 24, 2010
  • 0 Comments
Atlanta mortgage fraud attorneys are finding that allegations of mortgage fraud are up 4% nationwide, and that Atlanta is one of the top ten cities with increases in mortgage fraud allegations. According to the Financial Crimes Enforcement Network (FinCEN), Los Angeles and Miami are the top two cities where mortgage fraud suspicion reports are being […]
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11th Circuit: Defendant Not Career Offender, Entitled to Relief

  • Posted by Marcia Shein
  • On August 17, 2010
  • 0 Comments
The 11th Circuit recently held that, for federal sentencing purposes, it is a separate offense to be a career offender under U.S.S.C. §4B1.1. In Gilbert v. United States, the defendant, Gilbert, had been convicted of a crack cocaine offense in 1997. Because he had previous convictions for possession of crack with intent to sell and carrying a concealed firearm, Gilbert was […]
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“Honest services” fraud limited by Supreme Court

  • Posted by Marcia Shein
  • On August 16, 2010
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Earlier this summer, the U.S. Supreme Court reached a decision in Skilling v. United States that Atlanta appeals attorneys and other criminal defense lawyers across the country noted with interest. In their decision, the court limited the scope of an anti-fraud law that prosecutors like to use in corruption cases. The Supreme Court said that […]
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Disparity Decreased Between Crack and Powder Cocaine Penalties

  • Posted by Marcia Shein
  • On August 4, 2010
  • 0 Comments
Atlanta criminal defense attorneys have praised legislation that President Obama signed into law Tuesday. The new law reduces the sentencing disparity between criminal defendants caught with crack and those caught with powder cocaine. For the past 20 years, America’s minority populations where crack is most popular have been routinely subject to unfairly long prison sentences […]
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