Federal Judge Commits “plain error” by imposing an “upward departure” without notice prior to sentencing
January 5, 2023
UNITED STATES v. LADARIUS DE’SHAUN JONES 2022 U.S. App. LEXIS 33867 *; 2022 WL 17543529 Case No. 22-10438 (filed December 9, 2022) In our case of the week, able criminal defense counsel for Ladarius De’Shaun Jones appealed a 126-month sentence for one count of possession of a firearm during and in relation to a drug trafficking crime. See21 U.S.C. §....
Federal ‘Safety Valve’ Ruling a Good One
December 16, 2022
Once upon a time, but not too long ago, President Clinton, a Yale Law School grad, famously stated during questioning, “it depends on what the meaning of the word ‘is’ is.” In our case of the week, the Eleventh Circuit in United States v. Julian Garcon, 2022 U.S. App. LEXIS 33588*(filed December 6, 2022) sitting en banc addressed the question of whether the word “and”....
Supreme Court Sends ‘First Step’ Case Back to the Eleventh Circuit
December 15, 2022
Hard work by dedicated criminal defense lawyers paid off for Nathaniel Fields, a federal prisoner whose defenders took his appeal all the way to the highest court in the nation. In our case of the week, the Eleventh Circuit in United States v. Nathaniel Fields, 2022 U.S. App. LEXIS 32756 *, 2022 WL 17258435, Case No. 19-13927 (decided November 29, 2022) revised....
Hyde Amendment Case Struck Down, Yet Again
December 13, 2022
United States v. Annamalai Annamalai, 2022 U.S. App. LEXIS 31651 *; 2022 WL 16959207 (filed November 16, 2022) Hyde Amendment awards are rarely granted, even though federal judges hold the power to compel the government to pay legal bills in criminal prosecutions where government counsel did not file criminal charges in good faith. However, the so-called “Hyde Amendment” mechanism to....
A Call to Arms
November 22, 2022
United States v. Garcia, 2022 U.S. App. LEXIS 30825 *; 2022 WL 16739117, No. 21-11636 (filed November 7, 2022) United States v. Okang, 2022 U.S. App. LEXIS 30927 *; 2022 WL 16758064, No. 22-10932 (filed November 8, 2022) Our cases of the week show the importance of criminal defense lawyers staying up-to-date on federal law. Two decisions recently handed....
A “hot” gun instead of chocolate under the hotel pillow
November 7, 2022
GARY TODD DYDEK v. STATE OF FLORIDA, No. 2D21-1275 (decided October 26, 2022) It pays to reserve case dispositive suppression issues for appeal through a conditional plea, whenever possible. A recent appellate decision shows the upside of this practice pointer which should be followed by zealous criminal defense lawyers. In our case of the week, Gary Todd Dydek....