Category Archives/Archivos de la categoría: Articles

The Post-Booker Era of Sentencing

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 […]

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Credit for Time Served

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 […]

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Concealing Money for Transportation is Not Money Laundering United States v. Ness, No. 05-4401-CR (2d Cir. May 8, 2009)

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 […]

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Question & Answer

Question: I am writing in regards to the article “Unnecessary Motions Result in Unnecessary Delays,” which states that a trial must be commenced within 70 days from the date of arrest.  Would this apply to someone who is awaiting extradition to the Southern District of Florida (Miami […]

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United States v. Hawkins: The Buyer-Seller Rule

By Steve Statsinger (Introduction by David Zapp)

United States v. Hawkins addresses an issue that comes up in discussion among defendants and lawyers all the time: […]

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In Unity There is Strength

In a recent case in Washington, DC an important lesson was learned that should be of interest to people awaiting trial […]

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Guilty Plea with an Exception

There is no such thing as a “plea of guilty with an explanation.” If you feel the need to explain your reason […]

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The Danger of Paying Too Little and Other Observations

There was a case in which defendants were offered a reasonable deal. One lawyer in particular was advocating the plea, almost […]

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Credibility of a Witness

A case recently came down from the court of appeals for the second circuit reiterating the long established rule that […]

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The Next Best Thing

A woman living in a small town in Colombia has an aunt with a narcotics case in New York. Her aunt is going to be extradited. […]

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US v. Arbane

This is a case that addresses the principal issues surrounding most drug importation cases. It addresses the issues that […]

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Fish or Cut Bait

At a hearing held recently in Washington, D.C., a federal judge told the prosecutor, in no uncertain terms, that if […]

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Unnecessary Motions Result in Unnecessary Delays

Recently in Washington D.C. four defendants’ lawyers made a motion seeking postponement of the date by which defendants […]

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What That Shows . . .

“What that shows . . .” is a new column that will run from time to time to illustrate universal truths […]

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Paramilitaries Focus on Politics Not Crimes

Four of the paramilitary defendants being tried in Washington DC made a political statement in court recently after appearing […]

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Voluntary Surrender

A Colombian reader suggested I write a column about surrendering to U.S. authorities. While this article deals specifically […]

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The Paramilitaries and Importation of Drugs

It is puzzling to think that the U.S. government has enough evidence to convict recently extradited Colombian paramilitaries […]

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Cooperation vs. Safety Valve

When a defendant decides to cooperate, he or she signs a cooperation agreement stating their willingness to assist […]

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Choosing Lawyers II

With the arrival of 14 paramilitaries extradited from Colombia, now is a good time to discuss how to go about choosing a lawyer. […]

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Defendant Rules to Live By

1) Work with the evidence.

Play the hand that is dealt to you, not the hand you want. For example, you may not have anticipated that your phone […]

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