A group of Chinese nationals has pleaded guilty to conspiring with U.S. citizens to enter into sham marriages with foreign nationals for purposes of evading immigration laws. Citizens were each paid $25,000 for their marriage to the foreign nationals. Conspiracy carries a five-year statutory maximum penalty. https://www.justice.gov/usao-nm/pr/naturalized-us-citizen-residing-albuquerque-pleads-guilty-federal-marriage-fraud-charge
Fifth Circuit Remands in Restitution Matter
On October 19, 2017, in a per curiam decision, the Fifth Circuit reversed a restitution award where the purported victim had received the services contracted for. In so holding, the Fifth Circuit noted that restitution was not punitive in nature. This is in conflict with some circuits that hold restitution is punitive in nature. The
Seventh Circuit Reverses Denial of Ineffective Assitance of Counsel Claim
On October 20, 2017, the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s denial of a defendant’s claim that his attorney provided ineffective assistance of counsel by failing to inform the defendant of a plea offer for 15 years in a sex trafficking case. The defendant went to trial, lost, and
Near Record Sentence in Tax Fraud Case
On October 20, 2017, in a published opinion, the U.S. Court of Appeals affirmed a 51-month sentence for a defendant who was convicted by a jury of using a scheme involving the purchase of hundreds of money orders to evade taxes on income from her business. From 2006-2016, there were 4,983 individuals sentenced under the tax
“When Prisons Become Nursing Homes”
This article discusses the growing population and expense of housing elderly inmates. Currently, the U.S. Bureau of Prisons houses over 10,000 inmates aged 60 or older. Recent audits by the Inspector General indicate that the BOP has woefully inadequate resources to deal with the elderly inmate population. http://reason.com/archives/2017/10/22/when-prisons-become-nursing-ho
Halfway Houses Being Cut
Prisoners Face Uncertainty As Number Of Halfway Houses Are Cut by Carrie Johnson NPR – October 20, 2017 [Copyright 2017 NPR]… http://www.npr.org/2017/10/20/559134568/prisoners-face-uncertainty-as-number-of-halfway-houses-are-cut?sc=17&f=1003&utm_source=iosnewsapp&utm_medium=Email&utm_campaign=app
6th Cir. Reverses 18-Month Sentence as Unreasonable
On October 11, 2017, the U.S. Court of Appeals for the Sixth Circuit reversed an 18-month sentence imposed on a 71-year-old defendant who was addicted to drugs and had violated the terms of his supervised release. The district court erroneously relied on an uncorroborated statement by the government that drug addicts required 18 months of
DC Circuit Holds FOIA not Waiveable
The DC Circuit Court of Appeals held last August that FOIA waivers in plea agreements are unenforceable as a matter of public policy. As the Court recognized, sometimes FOIA is the last best option for criminal defendants to obtain proof that their convictions or sentences are unconstitutional due to ineffective assistance of counsel. FOIA provides
What Caused the Federal Prison Population Explosion?
November 1, 2017 marks the 30th anniversary that the Federal Sentencing Guidelines went into effect. Since then, the federal prison population has grown over 400% while the U.S. population has grown only 37%. It’s budget, now topping $7 billion annually–has grown over 500% adjusting for inflation, while spending per inmate has increased a mere 18%.
United States v. Robles-Alvarez, No. 16-1222 (1st Cir. 2017)
In a large-scale cocaine trafficking appeal of a life sentence, the First Circuit reversed and remanded where the district court failed to address the defendant’s argument for a downward variance from his life sentence based on the sentences of his co-conspirators, which were considerably less, ranging from 46 to 210 months. The First Circuit emphasized