Recently, a client wanted to have a serious discussion about having a pardon.  Many times the answer is unless you know the President personally, you don’t have a chance.  However, that is not necessarily the case.  Each year the average President receives XX applications for pardon.  Technically, a presidential pardon is a right granted to…

What makes a good sentencing memorandum? The defense sentencing memorandum is the cornerstone of advocacy for a rigorous defense at sentencing.  This is because, admittedly many Judges already have an idea of the sentence they will impose by the time the hearing arrives.  By the time of the hearing, the Judge has already read the…

Years ago, I had a client place me on retainer (as he knew he was being investigated and wanted to have me lined up in case he was arrested).  He thought the case would be a state case, but it turns out federal law enforcement had been following him for a while and the case…

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…

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…

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)…

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…

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…

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…