Category Archives: Federal Government Watch

Navarette v. California: Supreme Court Okays Anonymous Tip for Traffic Stop — We’ve All Lost Something Today

Back in January, we warned about what happened today: the United States Supreme Court has okayed police pulling people over to search their vehicles based upon an anonymous tip in the case of Navarette v. California. In February, we were still reeling from the SCOTUS decision in Fernandez, where they found it legally permissible and…


PROTECTING THE PRIVACY OF CRIMINAL DEFENSE LAWYER – CLIENT COMMUNICATIONS

How Can Criminal Lawyers and Their Clients Protect Their Attorney-Client Communications From Snooping And Hacking? Lawyers, especially criminal defense attorneys, are very careful to protect their communications with clients and potential clients; however, in the past few years technological advancements have made it particularly difficult for both lawyers and clients to insure that their privileged…


Justice Department Comments (34 Pages) to the Proposed Amendments to Federal Sentencing Guidelines Added to Michael Lowe Digital Library

Comments to Proposed Amendments to Federal Sentencing Guidelines by the Justice Department in March 2014


Will The Justice Department Go After Marijuana Grow Operations Using Environmental Laws?

Proposed Increase to Sentencing Guidelines for Marijuana Grow Operations’ Environmental Crimes Supported by DOJ Last week, we discussed the recent statement made by Attorney General Eric Holder regarding the proposed changes to the Federal Sentencing Guidelines proposed by the United States Sentencing Commission. In his appearance before the Commission, the head of the Justice Department…


2014 Proposed Amendments to the Federal Sentencing Guidelines by the U.S. Sentencing Commission Added to Digital Library

The 2014 Proposed Amendments to the Federal Sentencing Guidelines by the United States Sentencing Commission (full text) have been added to the Michael Lowe Digital Library. by


Major Changes to Federal Drug Crime Sentencing Guidelines Underway: DOJ’s Holder Helps Federal Criminal Defense Lawyers Get Lower Sentences for Drug Defendants

In 1986, Congress passed the Anti-Drug Abuse Act (”ADAA”) which formed a two level (aka two-tiered) formula for use in federal sentencing of certain kinds of drug traffickers. This was the first federal legislation passed as part of the “War on Drugs” (there were others, e.g., the Fair Sentencing Act of 2010). In the ADAA,…


Client Communications With Criminal Defense Lawyers – Keeping Your Lawyer and Client Communications Safe From Eavesdroppers and Hackers

This week, the director of the National Security Agency responded to the demand letter sent by the American Bar Association (see details on the ABA letter including its full text here) and what Director General Keith Alexander had in reply shouldn’t be a surprise to anyone: the NSA has told the ABA not to worry,…


Privacy of Lawyer-Client Communications In Danger: The Growing Need for Greater Protections of Communications Between Attorney and Client

A couple of weeks ago, the American Bar Association (ABA) wrote the National Security Agency (NSA) about several concerns that lawyers all over the United States have (regardless of whether or not they are members of the ABA) regarding news that the NSA collecting confidential communications between an American law firm and its client, with…


Philip Seymour Hoffman Heroin Dealers and the United States Supreme Court: Recent Opinion Makes It Harder to Convict Drug Dealers for Heroin Death Under Federal Law

Philip Seymour Hoffman drug dealers rejoice! The United States Supreme Court has released a new decision that defines a new standard for “causation” in a heroin death case. The High Court interprets the “resulted in the death” language of 21 U.S.C. 841 (the “Controlled Substances Act”) to really mean that it’s a “but for” cause…


Philip Seymour Hoffman Killed Himself: Predicting the Arrest and Conviction of the Drug Dealers Who Sold Hoffman the Heroin

Philip Seymour Hoffman killed himself. Hoffman became addicted to a substance knowing that he could die using it.  We know from the continuing, extensive, international news coverage of Hoffman’s death on Super Bowl Sunday that the talented actor first used heroin in his early 20s and after avoiding the drug for over 20 years, Hoffman…