This is an interesting decision that is noted for two relatively unusual sentencing rulings: one that created an exceptionally broad definition of the word “distribution” for purposes of the two-level enhancement set forth in U.S.S.G. § 2G1.1(b)(3); and the second that vacated a sentence because the Ninth Circuit concluded that ...

Our friend and colleague, Edward V. Sapone (see https://www.saponepetrillo.com/edward_sapone.html) recently published a summary of the captioned case in his weekly “Decisions of the Week” email, and since we could not improve upon his summary, we have decided to forego our own analysis of this case and, instead, with deep thanks ...

Darra Lee Shephard conspired to defraud U.S. residents through a telemarketing sweepstakes scheme. From a call center in Costa Rica, Shephard and others would tell their unwitting victims that they had won a sweepstakes prize. The catch? Winners could receive their prize money only after paying a "refundable insurance fee." ...

In this case, a panel from the D.C. Circuit affirmed the convictions of four defendants (three by jury trial and one by plea) for various crimes associated with the unlawful distribution of PCP; but the panel then divided on the sentence that was imposed on one those defendants, Keith Matthews, ...

This is a rare case in which the Court held that the District Court (District Judge John R. Adams of the N.D.Ohio) had abused its discretion in rejecting a Type-C plea agreement (see Rule 11(c)(1)(C) of the Fed.R.Crim.P.) that had been agreed to by the parties; and it vacated the ...