Category Archives: Sentencing

Marijuana Trends and Sentencing in the Federal System: New 2023 USSC Report

From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions – especially within the Department of Justice (“DOJ”) or the Judicial Branch.  Things change with the times, and with administrations.  And these changes can impact how…


Policy Changes in Charges, Pleas, and Sentencing for Federal Drug Crime Prosecutions: New AG Garland DOJ Directive

An internal memorandum from the Attorney General of the United States (“AG”) addressed to “all federal prosecutors” may not seem that powerful to some.  After all, it isn’t a new federal statute passed by Congress and it isn’t an Executive Order signed by the President.  Still, a single memo from the AG can cause major…


Restitution Under Federal and Texas Law: Criminal Defense Overview

Our criminal justice system provides for the government to take property (real and personal) from individuals in a number of ways.  For instance, monetary fines are established by statute as punishment alongside periods of incarceration.  There are also forfeiture laws, which allow the taking of property even before any conviction has occurred. For more on…


Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview

In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.”  This involves attorneys representing both the…


Felony Charges under Texas and Federal Law: Criminal Defense Overview

No action, or failure to act, is a crime for which someone can be arrested in Texas unless the government has defined it to be an illegal act.  This is the freedom at the core of our constitutional rights.  Crimes have to be defined by either state or federal law.  If the crime isn’t on…


Less Time for Federal Drug Crimes: When Safety Valve Defense Circumvents Mandatory Minimum Sentences Under Federal Law

Congress has passed mandatory minimum sentences for certain federal drug crime convictions, but it is possible to serve less time with the Safety Valve defense.  Here’s how that works. What is a crime in Texas?  It is whatever has been defined as illegal activity by Congress (for federal crimes) or the Texas Legislature. In federal…


Federal Drug Conspiracy Possession With Intent to Distribute: Safety Valve at Sentencing – New Video


Time Credits and Freedom from Federal Prison: Is the Justice Department Thwarting Early Release for Inmates Under the First Step Act?

A year has come and gone since the First Step Act (FSA) was passed to change the way that federal prisoners can achieve an early release from prison.  Officially, the First Step Act of 2018 became law on December 21, 2018. See generally, First Step Act of 2018, Pub. L. No. 115-391, 132 Stat. 5194,…


Fort Worth Federal Judge John McBryde Child Porn Downward Departure Sentence

Mr. Lowe’s client was investigated by the Fort Worth Police Department (FWPD) officer assigned to Crimes Against Children Unit who was conducted an investigation of a peer-to-peer file sharing network.  The file sharing network being investigated was called eDonkey.  eDonkey required its users to download file sharing software called Shareaza.  This software enabled the users…


Loss Amounts in Federal Sentences: Calculating Economic and Financial Losses in Federal Felonies

Federal Sentencing Guideline 2B1.1 explains how to calculate monetary loss in a variety of crimes, such as tax evasion, structuring, wire fraud, money laundering, and mortgage fraud. Financial crimes prosecuted by the federal government usually involve a lot of money that builds into a large economic loss for its victims.  Criminal creativity being what it…