July 2014 - Federal Criminal Law Center

Agency will retroactively apply new federal drug crime policy

Posted by Marcia Shein
On July 26, 2014
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One of the frustrations in preparing a strong criminal defense for federal drug charges can be the intersection between state and federal laws. If the latter are invoked, federal mandatory minimum sentencing guidelines may result in much higher penalties. Some criminal justice advocates have questioned whether those guidelines offer enough flexibility to judges to tailor […]

Posted by Marcia Shein
On July 22, 2014
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The Commission voted to make the minus 2 drug amendment retroactive to all persons who have already been sentenced and whose sentence was based upon the drug quantity table (career offenders do not get relief because their sentence was based upon the career offender guideline not the drug quantity table). There are no categorical exclusions […]

Posted by Marcia Shein
On July 21, 2014
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Although there can be overlap between state and federal crimes, one notable difference is sentencing. The Federal Sentencing Guidelines may impose more serious penalties than an equivalent offense under Georgia state law. However, an attorney that focuses on federal crimes knows that it may sometimes be possible to depart from those guidelines, depending on the […]

Posted by Marcia Shein
On July 11, 2014
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Readers may have heard about prospective employers looking at candidates’ social media sites, but today’s story offers a new twist. Specifically, a criminal defendant is appealing a conviction that resulted from rap lyrics he posted on his Facebook account. The man received a 44-month sentence under a federal law that makes it a felony to […]

Posted by Marcia Shein
On July 7, 2014
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Although there is a separation of church and state in this country, any individual that commits an unlawful sexual offense can be held accountable. Unfortunately, the media scandal surrounding allegations of a sex crime often overshadow that actual outcome in the criminal trial. Even if not found guilty, an accused may face repercussions in his […]

Agency will retroactively apply new federal drug crime policy

Minus 2 Drug Amendment Retroactive

New rules announced for some federal criminal investigations

Can admissions be made on a social media account?

Alleged repeat felony offense implicates harsher penalties