Category Archives: Sentencing
SCOTUS, USSC, and Proposed USSG Amendment Addressing Acquitted Conduct
The scenario: someone is charged with a serious crime in federal court. There is no plea deal; the case goes to trial. Both sides rest, and the case goes to the jury. The jury deliberates and returns with a “not guilty” verdict. This is great for the accused, right? Sure. But that verdict is not…
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Federal Sentencing for Zero-Point Offenders: New USSG §4C1.1 Effective November 2023
For those who are arrested and prosecuted in Texas for federal crimes, sentencing upon conviction is very different than if they had been charged for violations of Texas criminal law. In federal matters, an independent federal agency created by Congress in 1984, the United States Sentencing Commission (USSC), will fix their punishment through its sentencing…
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Drug-Induced Homicide Prosecutions in Texas: Overdose Murders
Fentanyl arrests in Texas may soon come with specific felony murder charges. Fentanyl is changing things in Texas and across the country, as more and more law enforcement efforts are targeting the manufacturing and distribution of this particular illegal drug and controlled substance. For more, read our earlier discussions in Texas Governor’s Designation of Mexican Cartels…
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Federal Sentencing for Drug Couriers and Drug Mules
At perhaps the lowest rung of the organizational ladder for illegal cartel operations here in Texas and elsewhere is the courier or “mule.” These are the people who physically transport or move stuff from one point to another. Maybe it’s across international borders or over state lines. It may be on foot (i.e., ingested); by…
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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…
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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…
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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…
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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…
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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…
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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…
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