Posts by Laguzzi Law
Federal versus State Crimes Explained
What is the difference between federal versus state criminal cases? The state court and federal court are two entirely different systems — with different courthouses and judges. Federal judges, appointed by the President and then ratified by Congress, preside over federal criminal cases. State court judges, who are elected in local elections, preside over state criminal…
Read MoreThe First Step Act Explained
The First Step Act of December 2018 The First Step was signed in December 2018, enacting several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce recidivism, decreasing the federal inmate population, and maintaining public safety. The most often cited changes to the law are as follows: Section 401 amends…
Read MoreWrit for Federal Habeas Corpus from a state prisoner under 2254
If you were originally arrested, and prosecuted, by state authorities you may still be eligible for relief in federal court. 28 U.S.C. § 2254 provides the forum for an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court. Specifically, it states: (1)…
Read MoreHow to File a 2255 Motion for Postconviction Relief
The motion to vacate, set aside or correct a sentence provided by 28 U.S.C. § 2255 is a modern descendant of the common law petition for a writ of habeas corpus. It is available only to people convicted in federal courts who are in custody. (The corresponding federal post-conviction tool for state prisoners is the…
Read MoreDoes Range affect your 922 charge?
Bryan Range v. Attorney General of the U.S., et al, No. 21-2835, 2023 WL 3833404 (3d Cir. June 6, 2023). On June 6, 2023, an en banc panel of the United States Court of Appeals for the Third Circuit ruled that 18 U.S.C. §922(g)(1) (the “felon in possession of a firearm” statute) is unconstitutional as…
Read MoreNew Amendments to the United States Sentencing Guidelines take effect November 1, 2023
Changes to the Sentencing Guidelines- No Criminal History On April 5, 2023, the United States Sentencing Commission voted to adopt proposed amendments to the current guidelines for Congress’ approval. The Commission’s proposed amendments go into effect on November 1, 2023. In establishing the new law, the Commission referred to its studies of recidivism among federal…
Read MoreImportance of the Presentence Investigation Report
The presentence investigation report, otherwise known as a PSR or a PSIR, is an extremely important document for federal criminal defendants. The presentence investigation report is utilized by not just the Court for sentencing; it also is utilized by the Bureau of Prisons and U.S. Probation Office to determine how the defendant should be handled.…
Read MoreBlog Will AI Replace Lawyers?
Artificial intelligence models have been all over the news recently because of the widespread disruption they are expected to provide to a number of job fields. The potential increases in efficiency have been well documented and will surely help to reduce the amount of man-hours needed to complete more remedial tasks. However, the potential disruption…
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