Federal Criminal Defense

Crash the system

Crash the system

“The system of mass incarceration depends almost entirely on the cooperation of those it seeks to control.” A NY Times...

U.S. v. Digiovanni – 4th Circuit upholds suppression of drugs

U.S. v. Digiovanni – 4th Circuit upholds suppression of drugs

In U.S. v. Digiovanni, decided July 25, 2011, the 4th Circuit Court of Appeals affirmed a district court’s suppression of...

U.S. v. Divens – no loss of acceptance of responsibility for refusing to waive right to appeal

U.S. v. Divens – no loss of acceptance of responsibility for refusing to waive right to appeal

In U.S. v. Divens, decided July 5, 2011, the Fourth Circuit Court of Appeals held that the government cannot refuse...

DOJ supports making 18/1 crack/powder ratio retroactive

DOJ supports making 18/1 crack/powder ratio retroactive

Last August, the 100/1 sentencing ratio between crack and powder cocaine was changed to 18/1. Although still not fair, the...

Crack/ powder cocaine sentencing bill passed US House

Crack/ powder cocaine sentencing bill passed US House

Both the US Senate and the House of Representatives have passed S.1789, which reduces the 100-1 sentencing ratio for crack...

4th Cir. – ACCA not triggered by failure to stop for blue light

4th Cir. – ACCA not triggered by failure to stop for blue light

On February 25, in U.S. v. Rivers, the Fourth Circuit held that South Carolina’s failure to stop for blue light...

Justice Department asks Congress to revisit the disparity in crack / powder cocaine sentences

Justice Department asks Congress to revisit the disparity in crack / powder cocaine sentences

Lanny A. Breuer, chief of the Justice Department’s criminal division, is asking Congress to equalize penalties for crack and for...

Cone v. Bell

Cone v. Bell

In Cone v. Bell, released yesterday, the U.S. Supreme Court reversed a death sentence based on Brady violations by the...

Dean v. United States

Dean v. United States

In another opinion finding against the defendant today, the U.S. Supreme Court, in Dean v. U.S., held that the mandatory...

Statements obtained illegally may be used for impeachment purposes

Statements obtained illegally may be used for impeachment purposes

In Kansas v. Ventris, released today, the United States Supreme Court held that, although a statement has been obtained in...