Author Archives: Michael Lowe

USSC Limits (But Does Not End) Use of Acquitted Conduct in Federal Sentencing

On April 17, 2024, the United States Sentencing Commission (“USSC”) announced that after an unanimous vote of the bipartisan group, the United States Sentencing Guidelines (“USSG”) will change regarding how a past acquittal in federal court can be used in a subsequent federal matter to calculate a sentence under the USSG. For details on acquitted…

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Best Lawyers of 2024 – D Magazine

Michael Lowe, a distinguished defense lawyer with a rich history of representing clients in criminal jury trials across Texas, is deeply honored to be nominated for the prestigious award for Best Lawyer in 2024 by D Magazine. This recognition is a testament to his exceptional legal acumen and dedication to his clients, as highlighted by…

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HealthCare Fraud Prosecutorial Trends in 2024: Predictions Based Upon Latest OIG DOJ Enforcement Report

Money and health care and crime: the topics are intertwined. The amount of money spent in the health care industry here in the United States is almost impossible to comprehend.  It is reported that in 2021, 17.8% of the entire gross domestic product (GDP) of our country was spent on health care.  This is two,…

Posted on by Health Care Fraud, InDepth Articles |
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Texas’ Senate Bill 4, the “Show Me Your Papers Law,” is Arguably Unenforceable Under Existing State Law

Here are how things stand right now for the controversial Texas Senate Bill 4 (88-4) (“SB4”), which was passed last fall by both houses of the Texas Legislature and signed into law by Governor Abbott.  You may recognize the new statute by its nickname, the “Show Me Your Papers Law.”   See, e.g., “Texas’s So-Called ‘Show…

Posted on by Arrest and Indictment, InDepth Articles, Texas Government Watch |
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Medicaid Fraud in Texas: Federal and State Prosecutions

First things first, it’s important to understand exactly what is involved in the Medicaid program here in Texas.  Bottom line, Medicaid is free or low-cost health insurance provided by the government for those that meet its eligibility requirements. The majority of Medicaid coverage is provided to those with no income or have a low income,…

Posted on by Health Care Fraud, InDepth Articles |
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Illegal Reentry into Texas: Crimes Under Federal Statute and Texas Law

There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants.  See, “Illegal Alien” Is One of Many Correct Legal Terms for “Illegal Immigrant,” written by Alex Nowrasteh and published by Cato on October 14, 2019. However, the legal terminology pursuant to federal statute…

Posted on by Arrest and Indictment, Federal Government Watch, InDepth Articles, Texas Government Watch |
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Buying Sex in Texas: Solicitation of Prostitution and Law Enforcement Focus on “John Stings”

It’s all about supply and demand.  Consider this:  Las Vegas will host Super Bowl VVIII on Sunday, February 11, 2024.  However, “football’s biggest week” really begins the prior Monday with Super Bowl Opening Night at Allegiant Stadium with the only public appearance of the two competing teams until they take the field for the big…

Posted on by Arrest and Indictment, InDepth Articles, Sex Crimes |
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Categorical Approach: Longer Federal Sentences With Past Convictions

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses.  How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…

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Retroactive US Sentencing Guideline (USSG) Amendments 2023

Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC).  This is a critical difference between the state and federal criminal justice systems. What is this…

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Thirteen Significant New Texas Criminal Laws Effective in 2023 

Arrests in Texas can be based upon actions or investigations by either state or federal authorities or by a combination of the two in joint operations.  From a criminal defense standpoint, the choice of law upon which the arrest is made is key. This is because criminal cases move through two entirely independent justice systems…

Posted on by Arrest and Indictment, Assaults, Child Pornography Charges, Drug Crimes, InDepth Articles, Manslaughter Charges, Search and Seizures, Sex Crimes, Texas Government Watch, Trafficking Charges |
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