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Author: admin

Supreme Court Rules on Intent Required for Bank Fraud Conviction; Grants Cert on Forced Accompaniment in Bank Robbery Offenses

Posted by admin on 27 September, 2023

Yesterday, the Supreme Court issued an opinion in Loughrin v. United States (No. 13-316), interpreting the provision of the federal bank fraud statute, 18 U.S. C. §1344(2), that prohibits a knowing scheme to obtain property owned by, or in the custody of, a bank “by means of false of...

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Tags: Attorney New Orleans, Bank Fraud, Criminal Attorney New Orleans, Criminal Defense Lawyer New Orleans, Criminal Lawyer New Orleans, Federal Case Law Update, Federal Criminal Attorney New Orleans, Loughrin v. United States, New Orleans Federal Criminal Attorney, New Orleans Federal Criminal Defense Lawyer, United States Supreme Court intent required for bank fraud, Whitfield v. United States

Supreme Court Rejects Application of Chemical Weapons Law to “Local” Crimes

Posted by admin on 27 September, 2023

The Supreme Court decided Bond v. United States (No. 12-158), addressing the use of a law implementing a chemical weapons treaty to prosecute a woman for attempting to poison her husband’s lover. The Court unanimously held that the federal prosecution was improper in this case. ...

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Tags: Attorney New Orleans, Bond v. United States, Chemical Weapons, 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 Federal Criminal Defense Lawyer, The United States Supreme Court

Supreme Court granted cert in two criminal cases, Rodriguez v. United States (No. 13-9972) and Ohio v. Clark (No. 13-1352).

Posted by admin on 27 September, 2023

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”...

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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

Attorney General Holder Issues Memo on § 851 Enhancements in Plea Negotiations

Posted by admin on 27 September, 2023

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...

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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

Sentencing Commission Votes to Retroactively Apply Its Amendment to the Drug Guidelines

Posted by admin on 27 September, 2023

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...

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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

Supreme Court to Rule on Drug Paraphernalia Conviction as a Deportable Offense

Posted by admin on 27 September, 2023

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...

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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

Supreme Court Holds That a Warrant Is Required for Cell Phone Searches

Posted by admin on 27 September, 2023

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...

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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

Supreme Court Issues Opinion on Straw Purchasers; Grants Cert on Threats Under 18 U.S.C. § 875(c)

Posted by admin on 27 September, 2023

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...

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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

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