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Challenging the Drug Quantity Used to Calculate Your Sentence
Contents1 Challenging the Drug Quantity Used to Calculate Your Sentence1.1 Mandatory Minimums and Drug Quantity1.2 The Presentence Report1.3 Attacking the Drug Quantity Finding1.4 The Safety Valve1.5 Other Strategies1.6 Conclusion1.6.1 References Challenging the Drug Quantity Used to Calculate Your Sentence If you’ve been convicted of a federal drug crime, one of the most important factors determining […]
read moreHow the Federal Sentencing Guidelines Work in Drug Cases
Contents1 How the Federal Sentencing Guidelines Work in Drug Cases1.1 The Guidelines Manual1.2 Judges Use the Guidelines at Sentencing1.3 Mandatory Minimums Trump the Guidelines1.4 Weapon and Injury Enhancements1.5 Career Offender and Armed Career Criminal Enhancements1.6 Safety Valves and Variances1.7 Appellate Review of Sentences1.8 Criticisms of the Guidelines for Drug Cases How the Federal Sentencing Guidelines […]
read moreHow to File a Federal Appeal Without an Attorney
Contents1 How to File a Federal Appeal Without an Attorney1.1 Should You Handle Your Own Federal Appeal?1.2 Understand the Federal Appeals Process1.3 Study the Record Thoroughly1.4 Craft Strong Appellate Arguments1.5 Write an Effective Appellate Brief1.6 Prepare for Oral Arguments1.7 Consider Using Resources for Pro Se Litigants1.8 Think Twice Before Arguing Pro Se at the […]
read moreMistakes That Can Sink Your Federal Appeal
Contents1 Mistakes That Can Totally Screw Up Your Federal Appeal1.1 Mistake #1: Blowing The Deadline1.2 Mistake #2: Not Preserving The Record1.3 Mistake #3: Half-Assing The Legal Research1.4 Mistake #4: No Clear Grounds For Appeal1.5 Mistake #5: Disorganized, Sloppy Brief1.6 Avoid These Mistakes, Fight On! Mistakes That Can Totally Screw Up Your Federal Appeal So you […]
read moreUnderstanding Federal Appeals Court Jurisdiction and Venue
Contents1 Understanding Federal Appeals Court Jurisdiction and Venue2 What is a Federal Appeals Court?3 Subject Matter Jurisdiction4 Personal Jurisdiction5 Appellate Jurisdiction6 Establishing Venue7 Appeals Court Review8 Waiving the Right to Appeal9 Conclusion Understanding Federal Appeals Court Jurisdiction and Venue The jurisdiction and venue of federal appeals courts can be confusing to understand. This article aims […]
read moreThe Key Differences Between Civil and Criminal Federal Appeals
Contents1 The Key Differences Between Civil and Criminal Federal Appeals1.1 The Courts Involved in Civil vs. Criminal Federal Appeals1.2 The Legal Standards Used in Appeals1.3 Types of Issues Raised on Appeal1.4 Rules About Timing of Appeals1.5 Impact of Appeals on Lower Court Judgments1.6 Appellate Court Remedies Available1.7 Appellate Attorney Expertise1.8 Cost and Duration of Appeals1.9 […]
read moreCommon Federal Convictions Overturned on Appeal
Contents1 Common Federal Convictions Overturned on Appeal1.1 Insufficient Evidence1.2 Unfair Trials1.3 Fourth Amendment Violations1.4 Suppression of Exculpatory Evidence1.5 Ineffective Assistance of Counsel1.6 Prosecutorial Misconduct1.7 Change in Law1.8 Conclusion Common Federal Convictions Overturned on Appeal Getting convicted of a federal crime can be a terrifying experience. Even if you’re innocent, the odds seem stacked against […]
read moreDrafting a Winning Brief for Your Federal Criminal Appeal
Contents1 Drafting a Winning Brief for Your Federal Criminal Appeal1.1 Start with the Standard of Review1.2 Organize Your Arguments Carefully1.2.1 Example outline:1.3 Be Selective With the Record1.4 Analogize and Distinguish Cases1.4.1 Sample case chart:1.5 Craft Carefully Tailored Arguments1.6 Layer in Policy Arguments1.7 Write Tightly, Edit Mercilessly1.8 Pay Attention to Technical Details1.9 Conclusion Drafting a Winning […]
read moreMeeting Strict Federal Appeal Filing Deadlines
Contents1 Meeting Strict Federal Appeal Filing Deadlines1.1 Appeal as of Right vs. Appeal by Permission1.2 When’s a Judgment Final?1.3 Calculating Those 30 Days1.4 What if You Miss the Deadline?1.5 Other Appeal Deadlines to Know1.6 Appeal Deadlines Vary By Court1.7 In Conclusion… Meeting Strict Federal Appeal Filing Deadlines Filing an appeal in federal court can be […]
read moreArguing Ineffective Assistance of Counsel on Federal Appeal
Contents1 Arguing Ineffective Assistance of Counsel on Federal Appeal1.1 Common Ways Lawyers Mess Up1.2 Strategic Decisions vs. Deficient Performance1.3 How to Show Prejudice1.4 Raising Ineffective Assistance on Direct Appeal1.5 Getting Evidence for Habeas Petitions1.6 Procedural Barriers and Time Limits1.7 Strategies for Winning Ineffective Assistance Claims1.8 What Happens If You Win1.9 References Arguing Ineffective Assistance of […]
read moreAppealing Federal Guilty Pleas and Plea Bargains
Contents1 Appealing Federal Guilty Pleas and Plea Bargains1.1 Can You Withdraw a Guilty Plea Before Sentencing?1.2 What Are the Grounds for Appealing a Guilty Plea After Sentencing?1.2.1 Direct Appeal of Involuntary Plea1.2.2 Habeas Petition for Ineffective Assistance of Counsel1.2.3 Motion for Post-Conviction Relief1.3 Strategies for Getting a Plea Deal Overturned1.4 Should You Accept a Plea […]
read moreArguing Prosecutorial Misconduct on Federal Appeal
Contents1 Arguing Prosecutorial Misconduct on Federal Appeal1.1 Identifying Prosecutorial Misconduct1.2 Making the Prosecutorial Misconduct Argument1.3 Overcoming the Harmless Error Doctrine1.4 Using Case Law to Support Your Argument1.5 Requesting an Evidentiary Hearing1.6 Remedies for Prosecutorial Misconduct1.7 Avoiding Procedural Pitfalls Arguing Prosecutorial Misconduct on Federal Appeal Prosecutorial misconduct refers to improper, illegal, or unethical behavior by […]
read moreActing Fast Before Federal Appeal Deadlines Expire
Contents1 Acting Fast Before Federal Appeal Deadlines Expire1.1 Why You Gotta Appeal So Fast?1.2 Counting Down the 14-Day Clock1.3 Getting Help From a Federal Appeals Lawyer1.4 Preparing a Strong Notice of Appeal1.5 After Filing Your Notice – Next Steps1.6 Last Chance for Justice Acting Fast Before Federal Appeal Deadlines Expire If you or a […]
read moreGetting a New Trial After Winning a Federal Appeal
Contents1 Getting a New Trial After Winning a Federal Appeal1.1 Why Courts Sometimes Order New Trials After Appeals1.2 Getting Acquitted at the Retrial1.3 Using the Appellate Ruling Strategically1.4 Fighting Uphill Battles on Retrial1.5 The Mechanics of Getting a Retrial1.6 Conclusion Getting a New Trial After Winning a Federal Appeal Winning a federal appeal is […]
read moreJumping Through Hoops to Get Federal Appeals Records
Contents1 Jumping Through Hoops to Get Federal Appeals Records1.1 Ordering Transcripts1.2 Other Records and Fees1.3 Going to Court1.4 Is Justice Really Blind? Jumping Through Hoops to Get Federal Appeals Records Trying to get records from federal appeals courts can be a real pain. There’s all these hoops you gotta jump through just to get the […]
read moreUnderstanding Federal Appeal Bonds and Bail Options
Understanding Federal Appeal Bonds and Bail Options When someone is arrested and charged with a crime in federal court, they often have to deal with the bail system. Bail is money or property that an arrested person gives to the court to let them be released from jail until their trial. Getting out on bail […]
read morePetitioning for Cert After Losing a Federal Appeal
Contents1 Petitioning for Cert After Losing a Federal Appeal1.1 The Cert Petition Basics1.2 Criteria for Cert1.3 Tips for Drafting a Persuasive Petition1.4 The Cert Process and Next Steps1.5 Key Cases Petitioning for Cert After Losing a Federal Appeal Losing a case at the federal appeals court level can be devistating. You feel like all your […]
read moreCommon Federal Appeal Oral Argument Mistakes
Contents1 Common Federal Appeal Oral Argument Mistakes1.1 Treating It Like a Jury Argument1.2 Sticking to a Script1.3 Introducing New Facts or Arguments1.4 Inadequate Answers to Questions1.5 Forgetting to Make Your “Ask”1.6 Poor Demeanor and Body Language1.7 Sloppy Rebuttals1.8 Forgetting Case Details1.9 No Clear Theme1.10 Failure to Prioritize Arguments1.11 Forgetting Case Implications1.12 No Roadmap Common Federal […]
read moreUsing FRE 801(d)(2) to Admit Opposing Party Statements
Contents1 Using FRE 801(d)(2) to Admit Opposing Party Statements1.1 The Basics of 801(d)(2)1.2 Using 801(d)(2) Strategically1.3 Common Examples1.3.1 Emails and Written Statements1.3.2 Recorded Conversations1.3.3 Opposing Party Experts1.4 Practical Example1.5 Conclusion1.6 Citations Using FRE 801(d)(2) to Admit Opposing Party Statements The Federal Rules of Evidence 801(d)(2) provides an exception to the hearsay rule, allowing statements by […]
read moreOvercoming Hearsay Objections Using FRE 803 Exceptions
Contents1 Overcoming Hearsay Objections Using FRE 803 Exceptions1.1 What is Hearsay?1.2 FRE 803 – The Hearsay Exceptions1.2.1 Present Sense Impression1.2.2 Excited Utterance1.2.3 Then-Existing Mental, Emotional, or Physical Condition1.2.4 Statements for Medical Diagnosis or Treatment1.2.5 Recorded Recollection1.2.6 Records of a Regularly Conducted Activity1.2.7 Public Records1.2.8 Learned Treatises1.2.9 Reputation Concerning Character1.2.10 Judgment of a Previous Conviction1.3 How […]
read moreAdmitting Business Records Using FRE 803(6) in Counterfeiting Trials
Contents1 Admitting Business Records Using FRE 803(6) in Counterfeiting Trials1.1 What is FRE 803(6)?1.2 Using 803(6) in Counterfeiting Cases1.2.1 Example Case: U.S. v. Lam1.2.2 Overcoming Hearsay Objections1.2.3 Laying the Foundation1.2.4 Common Challenges1.3 Using 803(6) for Other Key Records1.4 Best Practices for Using 803(6)1.5 Conclusion1.6 References Admitting Business Records Using FRE 803(6) in Counterfeiting Trials […]
read moreUnderstanding the FRE and Federal Rules of Criminal Procedure
Contents1 Understanding the FRE and Federal Rules of Criminal Procedure1.1 What is the Purpose of the FRE and Criminal Procedure Rules?1.2 How Do the FRE and Criminal Procedure Rules Work Together?1.3 Key Concepts and Rules in the FRE1.4 Overview of the Criminal Procedure Process and Rules1.5 How These Rules Impact Criminal Defendants and Their Rights1.6 […]
read moreHow the Federal Sentencing Guidelines Apply to Counterfeiting
Contents1 How the Federal Sentencing Guidelines Apply to Counterfeiting1.1 How the Guidelines Calculate Sentencing Ranges1.2 Aggravating Factors That Increase Sentences1.3 Mitigating Factors That Reduce Sentences1.4 Defenses to Counterfeiting Charges1.5 Conclusion How the Federal Sentencing Guidelines Apply to Counterfeiting Counterfeiting, which involves making fake currency or other financial instruments, is a serious federal crime that carries […]
read moreChallenging Sentencing Enhancements in Federal Counterfeiting Cases
Contents1 Challenging Sentencing Enhancements in Federal Counterfeiting Cases1.1 Challenging the Enhancements1.1.1 Procedural Challenges1.1.2 Substantive Challenges1.2 Strategies for Challenging Enhancements1.3 Recent Developments1.4 Conclusion Challenging Sentencing Enhancements in Federal Counterfeiting Cases Counterfeiting cases are on the rise in federal courts across the country. While counterfeiting often seems like a victimless crime, it can have serious consequences for […]
read moreUnderstanding Your Criminal History Score in Counterfeiting Sentencing
Contents1 Understanding Your Criminal History Score in Counterfeiting Sentencing1.1 What is a Criminal History Score?1.2 How is it Calculated for Counterfeiting?1.3 What Does This Mean for My Sentence?1.4 Does the Judge Have to Follow the Guidelines?1.5 Strategies to Reduce Impact of Criminal History1.6 References Understanding Your Criminal History Score in Counterfeiting Sentencing If you have […]
read moreHow the Sentencing Table Works in Federal Counterfeiting Cases
Contents1 How the Sentencing Table Works in Federal Counterfeiting Cases1.1 The Role of the Sentencing Table1.2 Determining the Criminal History Category1.3 Determining the Offense Level1.4 The Sentencing Table1.5 Downward and Upward Departures1.6 Other Sentencing Factors1.7 Appealing the Sentence1.8 Conclusion1.9 References How the Sentencing Table Works in Federal Counterfeiting Cases Counterfeiting cases involve the manufacturing, copying, […]
read moreHow the Loss Amount Drives Sentence Length in Counterfeiting Cases
Contents1 How the Loss Amount Drives Sentence Length in Counterfeiting Cases1.1 Background on Counterfeiting Crimes1.2 How Loss Amount Drives Sentence Length1.3 Real-World Examples1.3.1 Case 1: Small Counterfeiting Operation1.3.2 Case 2: Large Counterfeiting Scheme1.4 Use of Sentencing Enhancements1.5 Defenses and Mitigating Factors1.6 State Laws and Penalties1.7 Expert Evidence in Counterfeiting Trials1.8 Financial and Economic Impacts1.9 Conclusion […]
read moreArguing Loss Amount at Federal Counterfeiting Sentencings
Contents1 Introduction2 Challenging the Government’s Loss Calculation3 Distinguishing Between Actual and Intended Loss4 Challenging the Use of Retail Value5 Seeking a Downward Departure6 Variance Arguments Under 18 U.S.C. § 3553(a) Introduction Counterfeiting is a serious crime that can have major economic impacts. Under federal law, defendants convicted of counterfeiting face potentially lengthy prison sentences, […]
read moreHow Number of Victims Impacts Sentencing in Counterfeiting Cases
Contents1 How Number of Victims Impacts Sentencing in Counterfeiting Cases1.1 Trafficking in Counterfeit Goods or Services Law1.2 DOJ Reporting Guidelines1.3 Case Examples1.4 State Laws1.5 Defenses and Mitigating Factors1.6 The Bottom Line How Number of Victims Impacts Sentencing in Counterfeiting Cases Counterfeiting is a serious crime that impacts both companies and consumers. When people produce, sell, […]
read moreHow Abuse of Trust Enhancements Apply in Counterfeiting Cases
Contents1 How Abuse of Trust Enhancements Apply in Counterfeiting Cases1.1 What is Counterfeiting?1.2 How are Counterfeiting Cases Prosecuted?1.3 What is an Abuse of Trust Enhancement?1.4 Abuse of Trust Enhancements in Counterfeiting Cases1.4.1 Recent Abuse of Trust Cases1.5 Arguments Against Abuse of Trust Enhancements1.6 Conclusion How Abuse of Trust Enhancements Apply in Counterfeiting Cases Counterfeiting is […]
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