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White Collar Criminal Defense Lawyer Blog

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No statute of limitations violation for a bribery conviction because the crime was completed within the five year period

The main issue addressed in U.S. v. Pacchioli is whether the defendant’s bribery conviction was time-barred under the statute of limitations,18 U.S.C. §3285. The defendant was an electrical contractor who performed various maintenance services for a hospital run by the Memorial Healthcare system. In order to obtain lucrative service contracts…

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Guilty plea could be withdrawn because the Judge commented on consequences the defendant faced if he did not plead guilty

The defendant in U.S. v. Castro was indicted on five counts of possessing marijuana and cocaine with intent to distribute and several firearms offenses including carrying a firearm during and in relation to a drug trafficking offense. Castro had hired an attorney and entered a not guilty plea at his…

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Prosecution need not show stolen social security numbers belonged to actual living individual for sentencing enhancement

In U.S. v. Philador the two defendants pled guilty to conspiracy to steal government funds in violation of 18 U.S.C. §371 and to the charge of theft of government funds in violation of 18 U.S.C. §641. Their offenses involved a scheme to submit fraudulent tax returns to the Internal Revenue…

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No Due Process Clause violation for the admission of an in-court identification without a preliminary hearing

In U.S. v. Whatley, the defendant was charged with four armed bank robberies that took place from 2003 through 2006. He was arrested following an aborted robbery attempt in 2007, to which he pled guilty. At his federal criminal trial on the earlier four bank robberies, the government called 14…

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Remand to the sentencing court to determine the drug quantity made at the sentencing

In U.S. v. Hamilton, the defendant appeal the denial of his motion for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2), which authorizes a court to modify or reduce a sentence for an amendment to the guideline range. The defendant pled guilty to drug offenses including conspiracy to possess…

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Government failed to present evidence of number of victims to support a sentencing guideline enhancement

In U.S. v Washington the defendant pleaded guilty to conspiracy to traffic in unauthorized credit cards and using and trafficking in unauthorized credit card numbers in violation of 18 U.S.C. § 1029. The presentence investigation report recommended an enhancement under sentencing guidelines § 2B1.1(b)(2)(C) because the number of victims exceeded…

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Defendant’s own admission in his state court aggravated battery conviction helped the court find it was a crime of violence

In U.S. v. Diaz Calderone, the defendant was convicted and sentenced for the federal crime of being found in the United States after having been deported. The issue here is whether a prior Florida aggravated battery conviction should be classified as a “crime of violence” under the sentencing guidelines to…

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Possession of a shotgun qualifies as a crime of violence under the sentencing guidelines

In U.S. v. Hall, the defendant pled guilty to the charge of possession of a handgun by a convicted felon. The district court enhanced his sentence after the court determined that a prior felony conviction for possession of an unregistered shotgun qualified as a crime of violence under the sentencing…

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Sentence increase upheld for possession of a credit card skimmer

In U.S. v. Cruz, the defendant and her brother obtained credit cards numbers which they purchased from a waiter working at a Flanigan’s restaurant in Hialeah, Florida. Using a credit card skimming device, the waiter sold the skimmed numbers to a codefendant who was married to Cruz. Cruz’s sister also…

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Lower court applied incorrect standard in determining whether there was purposeful discrimination in striking black juror

In Adkins v. Alabama Department of Corrections, the petitioner, Adkins, was tried and convicted of first degree murder of a Caucasian woman. Adkins is also Caucasian. At the jury selection of his trial, the state exercised nine of its 24 peremptory strikes to remove nine of eleven black potential jurors.…

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