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
Duck Hunting Guide Fined $25,000
Jeffrey M. Anderson, Acting United States Attorney for the Western District of Wisconsin, announced that Jeremy Schreiner, 33, Durand, Wis., was sentenced yesterday in U.S. District Court in Madison for violating the Lacey Act during guided duck hunts on the Upper Mississippi River National Wildlife Refuge. According to an indictment filed on April 19, 2017,
Serial Fraudster Scholar to Receive Five Years’ Probation
Cayva Chandra pleaded guilty yesterday to one count of student loan fraud. She had submitted forged letters of recommendation and forged transcripts to several institutions of higher learning including Cornell University. Cornell caught and expelled her, but she was able to fraudlently enroll at Indiana Univeristy-Purdue University at Indianapolis. She then completed her bachelor’s degree
Attorney General Sessions Testifies Before Oversight Committee
Opening Statement of Attorney General Jeff Sessions Before the Senate Judiciary Committee Washington, DC Wednesday, October 18, 2017 Chairman Grassley, Ranking Member Feinstein, distinguished Members of the Committee–my former colleagues–thank you for this opportunity. It is the honor of a lifetime to serve as the Attorney General of the United States.You can be sure that
Five Year Sentence for Credit Card Theft Gangster
U.S. District Judge Susan C. Bucklew today sentenced Maurice Lewis (22, Tampa) to 5 years and 1 month in federal prison for conspiracy to commit credit card fraud and aggravated identity theft. He pleaded guilty to the charges on July 10, 2017. According to court documents and statements made in open court, from at least
High Sentence for Attempted Online Enticement
An Air Force base employee was sentenced to 10 years’ imprisonment on Monday, Oct. 16, 2017, after pleading guilty to attempted online enticement of a minor. According to U.S. Sentencing Commission data, from 2006-2016 there were 466 individuals sentenced under 2G1.1 in Criminal History Category I who pleaded guilty. The average sentence was 23
Near Record Sentence for Texas Attorney
A Texas attorney was convicted by a jury of engaging in an international money laundering conspiracy. He was sentenced Monday, October 16, 2017 to 25 years imprisonment. His female business partner was sentenced to a record 40 years. According to U.S. Sentencing Commission data, between 2006 and 2016 there were 3,215 defendants convicted by trial
Use Nationwide Data to Establish Unwarranted Disparity
Section 3553(a)(6) of Title 18 of the U.S. Code provides that judges must consider “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct” when imposing sentence. It is important for counsel to be aware that establishing unwarranted disparity among similarly situated defendants is not