Category Archives: Federal Government Watch
The First Step Act and Texas Criminal Defense in 2019: Part 2 of 2
What Texas Criminal Defense Lawyers – and Their Clients – Need to Know About the New Federal Sentencing Reforms In our previous discussion of the First Step Act (“FSA”), we discussed various ways this new legislation, effective on December 21, 2018, changes the federal sentencing laws as well as aspects of the federal prison system. …
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The First Step Act and Texas Criminal Defense in 2019: Part 1 of 2
What Texas Criminal Defense Lawyers – and Their Clients – Need to Know About the New Federal Sentencing Reforms On December 21, 2018, the First Step Act (“FSA”) was signed into law. The FSA’s sentencing and compassionate release provisions become effective on that date; other parts of the Act are phased into law over the…
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Will Forfeiture Actions be Held Unconstitutional? SCOTUS Hears Oral Arguments in Timbs v. Indiana
On November 28, 2018, oral argument was heard in Tyson Tibbs v. Indiana, Cause No. 17-1091 before the Supreme Court of the United States. At the SCOTUS site, you can read the full transcript of this oral argument in Tibbs, or download it in various formats (MP3, etc.). This is a forfeiture case. It is…
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Criminal Defense Alert: Significant Changes in Amendments to 2018 Federal Sentencing Guidelines (USSG)
The 2018 Amendments to the United States Sentencing Guidelines (USSG) were unanimously adopted by the U.S. Sentencing Commission last month. On May 1, 2018, the Federal Sentencing Guideline amendments were submitted to Congress. November 2018 Effective Date They will automatically become effective on November 1, 2018, unless Congress takes proactive steps to disapprove them. For…
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Relevant Conduct in the Federal Sentencing Guidelines: Acquittals and Uncharged Conduct
Are federal judges limited to considering only final convictions in sentencing? Yes. After Nelson, arguably they must ignore facts of past acquittals, dismissals, or uncharged crimes. Federal criminal laws are violated all over the country. There can be money laundering and drug trafficking in Alaska or Hawaii just as well as North Texas or South…
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Outrageous Prosecutorial Misconduct: Cliven Bundy Case Dismissal – Lessons for Every American
A federal judge has dismissed with prejudice the charges brought against Cliven Bundy and it’s a big deal. It’s always a big deal for a judge to dismiss a case “with prejudice,” because that means the case is over. There’s no option for the government to re-file their criminal lawsuit. It’s over. Dismissed with Prejudice…
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Texas in the 2017 DEA National Drug Threat Assessment
A few weeks ago, the Drug Enforcement Administration released its annual drug crime report, entitled the 2017 National Drug Threat Assessment. It’s published as the government’s latest “…comprehensive strategic assessment of threats posed to our communities by transnational criminal organizations and the illicit drugs they distribute throughout the United States.” (Report, page 7.) 2017 DEA…
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Doctor Warning: Opioid Drug CEO Indictment Is Tip of Health Care Fraud Arrest Iceberg
Last week, two big things happened in the Prescription Drug World which will impact doctors and health care providers in the Dallas, Fort Worth, and North Texas area. How? More and more, Texas doctors and local physicians are going to find themselves the subject of criminal investigation and some are going to be shocked as…
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What are Racketeering Charges? Organized Crime, Gangs and Cartels, and Overcharging RICO
Most people think of movies like “The Untouchables” or “the Godfather” when asked about “racketeering” charges and arrests on R.I.C.O. violations. Makes sense; RICO was designed to combat “organized crime” in this country, and as a general rule that has meant the Mafia. The Cosa Nostra was its original target. RICO Act: Racketeering Charges Expand…
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Prosecutors Have Standards to Follow: the Federal Principles of Prosecution
Prosecutorial misconduct remains at epidemic proportions here in Texas as well as the rest of the United States. We discuss the problem periodically because it’s a scary reality for criminal defense lawyers and their clients. Prosecutors can abuse their power and do bad things. It happens. All too often. For more on prosecutorial misconduct, check…
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