Author Archives: David S. Zapp and Johanna S. Zapp

In dealing with government programs, I realized why there is such a fear of health care reform in this country. It is not because the government is evil, but because it is intransigent and inefficient.

Government Program 1 – Early Deportation in the New York State Penal System –
A foreign defendant […]

This is an abridged version of an article I read in the New York Times, by Solomon Moore, titled Number of Life Terms Hits Record, about prisons and overpopulation.

The rising number of inmates serving life terms is straining corrections budgets at a time when financially strapped states are struggling to cut […]

On July 7, 2009 the 11th Circuit handed down the case of U.S. v. Joaquin Mario Valencia –Trujillo, docket no. 07-10524, an opinion authored by the folksy, Edward Earle Carnes, who appears to be a “good old boy” from Alabama.

I have never seen a judicial opinion written with such perverse and […]

Thanks to Federal Defenders of New York and their Blog: circuit2.blogspot.com.

Appellate waiver: In United States v. Suriel, No. 08-3952-cr (2d Cir. June 4, 2009), the court held that the wording of a Southern District plea agreement’s appellate waiver permitted the defendant to appeal an adverse “safety valve” […]

Samuel Ness was convicted of money laundering offenses in connection with his armored car business, which had received and distributed millions of dollars in narcotics proceeds. He was sentenced to 15 years in prison. The Supreme Court vacated the decision and sent the case back to the lower court […]

In a recent case, the wisdom of ordering sentencing transcripts of co-defendants was reaffirmed. A defendant appeared for sentencing with the benefit of having read his co-defendant’s sentencing minutes. The court had noted that while the co-defendant had apologized to his own family, he never apologized to the victims or the families of those affected […]

A Court recently ruled that if only one occupant of a multi-tenant apartment is present and consents to a search of the premises, the search is considered legal. However, if all the occupants are on the premises and one objects to the search, then the search is illegal as to […]

From the number of phone calls my office has gotten recently, it appears that many inmates in the federal system are under the impression that an early deportation program has been implemented. This is not the case. However, I believe that it is entirely reasonable to assume and hope […]

I used to say that whenever a search occurred involving a car, it was legal. It was not even worth reviewing the facts. When judges heard the word “car” or “vehicle” they turned off their analytical minds and sustained the search. Why? Because for a generation, that was […]

Question: Does credit for time served apply when a person has been in custody awaiting extradition? And what types of Colombian evidence can be used in federal court? Can letters from alleged members of drug-trafficking organizations, addressed to the federal court, assuring that they did not know a particular […]

New York Times Editorial
Published: March 29, 2009

America’s criminal justice system needs repair. Prisons are overcrowded, sentencing policies are uneven and often unfair, ex-convicts are poorly integrated into society, and the growing problem of […]

If you had to be a prisoner in the United States, this is certainly the time. Because of the severe economic downturn in the United States, the government will not be able to keep prisoners incarcerated as long as they have. Sentences will need to be lower, “good time” credit […]

In the 1970’s citizens, Congress and discontent judges began expressing their frustration with discretionary sentencing. Defendants accused of similar crimes were often receiving radically different sentences and crime rates across the country were on the rise. Conservatives were against discretionary sentencing because they believed it allowed liberal judges […]

Credit for time served in foreign custody is always a hot issue.  The concern is that the Bureau of Prisons will not verify the amount of time a defendant served in foreign custody before that defendant completes his or her entire sentence.  As a result the […]

Samuel Ness was convicted of money laundering offenses in connection with his armored car business, which had received and distributed millions of dollars in narcotics proceeds. He was sentenced to 15 years in prison. The Supreme Court vacated the decision and sent the case back to the lower court […]