May 2018 - Federal Criminal Law Center

Help with RICO Appeals

Posted by Marcia Shein
On May 7, 2018
0 Comments
Federal Appeals, racketeering, RICO

A man was recently convicted on a five-count indictment for his participation in an effort that was designed to steal from a labor union. This complicated case offers a good example of one of the many ways in which a Racketeer Influenced and Corrupt Organizations Act (RICO) case arises. Because RICO is a complicated area […]

Federal Court Hears Unique Arkansas Death Row Appeal Case

Posted by Marcia Shein
On May 6, 2018
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Death Penalty, Federal Appeals

The Arkansas Supreme Court justices recently appealed a ruling that allows a judge to move forward with a lawsuit challenging the judge’s disqualification from execution cases after his participation in an anti-death penalty demonstration. The justice was disqualified last year after he was photographed lying down on a cot outside the governor’s mansion during an […]

Appeals Based on Evidence Presented to the Defense

Posted by Marcia Shein
On May 4, 2018
0 Comments
Federal Appeals

There are certain requirements that a prosecution team must meet in presenting a defense team with evidence. When prosecution fails to meet this standard, errors can arise that can form the basis for a strong appeal. This issue arose recently in a case from the Second Circuit. Due to prosecutorial misconduct by the Queens County […]

Federal Criminal Law News: Important Supreme Court Update

Posted by Marcia Shein
On May 3, 2018
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PRE & POST CONVICTION LAW PUBLICATION IMPORTANT SUPREME COURT UPDATE SESSIONS, ATTORNEY GENERAL v. DIMAYA Case No. 15–1498. Decided April 17, 2018 The case of Sessions v. Dimaya, decided April 17, 2018 case number 15-1498, was a good decision on important issues. The court in an 8-1 decision determined that the statute which creates […]

Georgia Criminal Law News: May 2018

Posted by Marcia Shein
On May 3, 2018
0 Comments

PRE & POST CONVICTION LAW PUBLICATION Recent Parole Successes at the Law Firm of Shein & Brandenburg The firm represented J.H. before the parole board. He was released on March 27, 2018 after serving 18 years of a life sentence for Armed Robbery, False Imprisonment, and Possession of a Firearm. The firm also represented C.A. […]

Federal Criminal Law News: May 2018

Posted by Marcia Shein
On May 3, 2018
0 Comments

PRE & POST CONVICTION LAW PUBLICATION CONSTRUCTIVE AMENDMENT OF AN INDICTMENT A constructive amendment occurs where “the indictment is altered to change the elements of the offense charged, such that the defendant is actually convicted of a crime other than that charged in the indictment.” United States v. Malloy 568 F.3d 166, 177-78 (4th Cir. […]

Improperly Admitted Evidence

Posted by Marcia Shein
On May 3, 2018
0 Comments
Evidence, Federal Appeals

A one-time Houston law enforcement officer is currently on death row for allegations that he hired a hitman to kill his estranged wife. Most recently, the man lost a federal appeal to overturn his conviction. The case before the 5th Circuit Court of Appeals was based on the defendant’s evidence about ballistics tests on a […]

The Role of Crimes of Violence in Enhanced Federal Sentencing

Posted by Marcia Shein
On May 2, 2018
0 Comments
Federal Appeals, Violent Crimes

The Supreme Court recently held that the “residual clause” of 18 U.S.C. 16(b) is unconstitutionally vague and violates the due process clause. 18 USC Section 16(b) defines a “crime of violence” as an offense that involves the use of force against the person or property of another or any other offense that is a felony […]

Appeals Case Concerning Section 851

Posted by Marcia Shein
On May 1, 2018
0 Comments
Appeals, Drug Convictions, Felony Cases

Section 851 of the Controlled Substances Act (or, 21 U.S.C. 851) authorizes federal prosecutors to use a defendant’s prior felony drug conviction to subject a defendant to an increased penalty. This law is commonly used in appeals. Recently, the Ninth Circuit in United States v. Ocampo-Estrada vacated a 20-year mandatory minimum sentence that was imposed […]