In Rodriguez, the question presented, as stated in the petition, is:
This Court has held that, during an otherwise lawful traffic stop, asking a driver to exit a
vehicle, conducting a drug sniff with a trained canine, or asking a few off-topic questions are “de minimis”...
Continue Reading »
Tags: Attorney New Orleans, Cert granted in Rodriguez and Ohio v. Clark, Criminal Attorney, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, New Orleans Criminal Lawyer, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer, United States Supreme Court
In a memo dated September 24, 2014 - Guidance Regarding § 851 Enhancements in Plea Negotiations – Attorney General Eric Holder directed all federal prosecutors that such enhancements “should not be used in plea negotiations for the sole or predominant purpose of inducing a defendant to...
Continue Reading »
Tags: Attorney New Orleans, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal 851 sentencing enhancement, Federal Case Law Update, Government rethinks waiver of guilty pleas, New Orleans Crime News, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer
The Sentencing Commission voted to retroactively apply its guideline amendment reducing the offense levels in the drug quantity table by two levels. The Commission’s decision includes a requirement that reduced sentences cannot take effect until November 1, 2015. Read the full text of the...
Continue Reading »
Tags: Attorney New Orleans, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, Federal Sentencing Commission retroactive application of the drug guideline, New Orleans Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer
The Court granted cert in Mellouli v. Holder (No. 13-1034) to decide the following question: Whether, to trigger deportability under 8 U.S.C. § 1227(a)(2)(B)(i), which provides that a noncitizen may be removed if he has been convicted of violating “any law or regulation of a State, the...
Continue Reading »
Tags: Attorney New Orleans, Case Law Update, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Drug Paraphernalia and Deportation, Federal Case Law Update, Federal Criminal Attorney New Orleans, Mellouli v. Holder, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer, United States Supreme Court
The Supreme Court issued a unanimous, consolidated opinion in Riley v. California and United States v. Wurie (Nos. 13-132, 13-212), declining to extend the search incident to arrest exception in United States v. Robinson, 414 U.S. 218 (1973) “to searches of data on cell phones, and...
Continue Reading »
Tags: Attorney New Orleans, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, New Orleans Crime News, New Orleans Criminal Attorney, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, New Orleans Federal Criminal Lawyer, Riley v. California and United States v. Wurie, United States Supreme Court, Warrant required for cell phone searches
The Supreme Court decided Abramski v. United States (No.12-1493) and granted certiorari in Elonis v. United States (No. 13-983).
In Abramski, the Court held that a straw purchaser can be convicted under 18 U. S. C. §922(a)(6) for making false statements about “any fact material to the...
Continue Reading »
Tags: Abramski v. United States, Attorney New Orleans, Criminal Attorney New Orleans, Criminal Defense Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Elonis v. United States, Federal Case Law Update, Federal Criminal Attorney New Orleans, New Orleans Federal Criminal Defense Lawyer, Straw purchaser firearm, United States Supreme Court