Blog Posts in June, 2013

Judicial Found Facts Cannot Increase Mandatory Minimums

In United States v. Alleyne, a jury convicted Alleyne of "using or carrying a firearm during and in relation to a crime of violence." Based on the Government's choice of the ...
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Child Pornography and Federal Sentencing

Few areas of law are as sensitive as sex crimes involving minors. These offenses often carry harsh sentences in addition to a stigma that can haunt convicted offenders, guilty or innocent, for life. ...
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All Crack Sentences Must be Fair Says the Sixth Circuit

On Friday, May 17, 2013, in US v. Blewett, a split Sixth Circuit held that the reduced mandatory minimum crack sentences set out in the Fair Sentencing Act (FSA) of 2010 must be applied even to those ...
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DNA Can Be Taken Without A Warrant

In Maryland v. King, the United States Supreme Court upheld the taking of a DNA sample, using a buccal swab, from a suspect's cheek, whose arrest for an unrelated "serious offense" was ...
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Are You Aware of the Recent Federal Rule Changes?

On April 19, 2013, there were three important amendments to the Federal Rules of Appellate Procedure, Rules of Criminal Procedure, and Rules of Evidence of which all practitioners in federal criminal ...
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