Articles Posted in Federal Sentencing Law

Yes, stealing mail is a federal crime. Anyone accused of mail theft must understand that the United States Postal Service (USPS) takes mail theft very seriously. Those who commit this offense can face serious penalties. What should you know about mail theft, the consequences of mail theft charges, and how to protect yourself from becoming…

It’s important to understand the difference between federal and state crimes so that you can determine which court will handle your case and how much time you could face if convicted. In this blog post, we’re going to break down what makes a crime federal, so that you can understand the nuances of criminal law.…

The 4th Circuit Court of Appeals has invalidated a sentence based in part on a previous conviction; the finding is based on the recent U.S. Supreme Court ruling that instructs lower court judges how to define crimes as violent. The ruling has led dozens of federal inmates in Maryland to challenge their sentences. The federal…

In a ruling issued today, the 10th Circuit Court of Appeals gave a good example of why we need courts of appeals. Judge Brooks Jackson was chastised by the Court of Appeals for failing to follow the law when it came to the Federal Sentencing Guidelines. Judge Jackson was previously a state court judge in…

The Department of Justice has announced a new policy to handle low-level drug offenses committed by nonviolent offenders without gang affiliations. The policy is one part of a sweeping prison reform package introduced by Attorney General Eric Holder to an American Bar Association gathering in San Francisco on Monday. Holder unveiled the new policy, which…

In a unanimous decision, the United State Supreme Court has ruled that a judge’s participation in a plea negotiation does not constitute a reversible error, given the language in the Federal Rule of Criminal Procedure 11(h), which stipulates that “a variance from this rule is harmless error if it does not affect substantial rights”. In…

The Supreme Court has overturned a Ninth Circuit Court ruling regarding the imposition of the Armed Criminal Career Act (“ACCA”) on a defendant with prior “violent felonies”. In its decision, the lower court had deemed it appropriate for the sentencing judge to go back to the guilty plea proceedings in a previous case; the Supreme…

In a 5-4 ruling, the U.S Supreme Court held that a defendant may not be sentenced under guidelines put in place after the crime was committed. In Peugh v. United States, the petitioner was convicted in federal court on five counts of bank fraud committed between 1999 and 2000, but was sentenced based on the…

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Federal Sentencing Law on Tuesday, October 9, 2012. A hidden result of the inmate-phone industry is widespread discrimination in federal sentencing law, because the rates effectively disallow phone calls between inmates and their families who cannot afford the exorbitant price of a phone…

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Federal Sentencing Law on Wednesday, March 14, 2012. In federal sentencing law news, the Associated Press reports that federal judges are handing out a wide range of sentences for similar crimes, according to an analysis by the Transactional Records Access Clearinghouse of sentencing…