December 2010 - Federal Criminal Law Center

Three-Year Federal Sentence Overturned on Appeal

Posted by Marcia Shein
On December 29, 2010
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A three-year federal prison sentence has been overturned by a federal appellate court. Robert Kulick was originally sentenced to thirty-seven months in prison for illegal possession of a firearm, but the U.S. Court of Appeals for the 3rd Circuit ruled that the sentence improperly took into account Kulick’s extortion of an employee. Atlanta appeals attorneys […]

Posted by Marcia Shein
On December 23, 2010
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If you saw a study that showed judges on the same federal court were handing down very different sentences for the same sort of crime, it might look like a case of growing injustice. But as Derrick Z. Jackson recently wrote in the Boston Globe, it actually shows that a growing number of judges are […]

Posted by Marcia Shein
On December 17, 2010
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A federal appeals court vindicated former McAfee Inc. chief financial officer Prabhat Goyal late last week. Goyal was convicted of several white collar crimes, including securities fraud. However, the 9th Circuit Court of Appeals overturned these convictions, finding no proof that Goyal engaged in any illegal activity during his time at McAfee. Goyal served as […]

Posted by Marcia Shein
On December 16, 2010
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In what is being hailed a landmark decision, an appeals court ruled in a federal criminal case this week that e-mails are protected under the Fourth Amendment. Therefore, a warrant is required before the government can access a defendant’s private e-mails. The case involved a man who was accused of making false claims about male […]

Posted by Marcia Shein
On December 7, 2010
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Entrapment by law enforcement officials who are trying to produce proof of criminal activity is normally not an attractive subject for the mainstream media. However, the recent well-publicized arrest of a Somali teenager on terrorism charges in Portland, Oregon, has raised questions in the media about the government’s tactics in building their cases against people […]

Posted by Marcia Shein
On December 6, 2010
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The United States Attorney for the Northern District of Georgia, Sally Quillian Yates, recently made an announcement that was astonishing to criminal defense attorneys: a federal district court judge, Jack T. Camp, was convicted of illegal drug possession as well as other counts. Furthermore, witnesses had informed the U.S. Attorney’s Office (USAO) that Judge Camp […]

Posted by Marcia Shein
On December 2, 2010
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Synthetic marijuana, marketed under a variety of names including “K2” and “Spice,” is typically made of plant materials that are coated with chemicals designed to simulate a marijuana high. The products are typically labeled as incense or potpourri and have been available over the internet, paraphernalia shops and convenience stores for $10 to $20 per […]

Three-Year Federal Sentence Overturned on Appeal

Some Judges Giving Fairer Sentences, Despite Guidelines

Fraud Convictions Overturned for Former McAfee CFO

Federal Appeals Court: E-Mail Protected by Fourth Amendment

Entrapment Questions Raised By Federal Terrorism Arrest

2010 Sentences From Judge Jack Camp May Be Resentenced

DEA to Criminalize Synthetic Marijuana