This is an interesting decision from the D.C. Circuit in which a divided panel held that the Defendant had been denied effective assistance of counsel when his then-counsel failed to seek a continuance of the Defendant’s sentencing that occurred five days after Congress had passed the Fair Sentencing Act (“FSA”), ...

This is a decision that epitomizes the astute wisdom of Judge Learned Hand’s warning many years ago that “so many prosecutors seek to sweep within the drag-net of conspiracy all those who have been associated in any degree whatever with the main offenders. That there are opportunities of great oppression ...

This is a rare decision in which a Federal judge actually granted a defendant’s motion for a new trial based on a constructive amendment of his indictment that occurred because Government introduced new evidence at trial and new theories of criminality during summation, which “were substantially different from the core ...

[1]-In sentencing defendant, the district court did not plainly err by taking into account several dismissed or acquitted charges as it did not use that conduct to construct an offense-level enhancement but referred to defendant's prolific arrest record for the purpose of determining at what point within the guideline sentencing ...

The Defendant in this case, Joseph Buffis, served as the Chief of Police for the Town of Lee, MA. He was charged, in a 12 count Indictment, with various crimes involving extortion and theft of funds, while in his role as Chief of Police, as well as money laundering relative ...

Following a jury trial, Tiffany Foster was convicted on two counts: (a) conspiracy to commit health care fraud and wire fraud, and (b) conspiracy to defraud the United States and receive kickbacks. She moved for a judgment of acquittal on the basis the evidence at trial established she withdrew from ...

To understand this decision, one needs to know why and how the Federal criminal extortion statute, 18 U.S.C. § 1951 (which is commonly known as the Hobbs Act) has gradually morphed into a Federal criminal bribery statute as well. There are, and there have long been, well recognized distinctions between ...