Category Archives/Archivos de la categoría: Articles

If It’s Not on the Record, It Didn’t Happen

To those of you fed up with your lawyers or the system, let the judge know immediately. There is a saying in law, “If […]

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Faith in the American Justice System

The Simon Trinidad case just goes to show that someone accused of belonging to a terrorist organization and distributing […]

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Delays in Deportation as a Basis for Reduction in Sentence

Because deportation can take months, deportable aliens should ask the sentencing judge for at least a month reduction in […]

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Pick Your Place — Don’t Let Them Pick It For You

After sentencing, a federal defendant can request to be housed at a specific prison facility. However, defendants should […]

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To Motions to Dismiss on Ground of Improper Venue – Be Careful What You Wish For

A motion was made recently in a D.C. case to dismiss an indictment and transfer the case to the Southern District of Florida […]

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It’s Not What You Say. It’s What Others Say About You

Hearsay evidence is the evidence of those who relate, not what they know themselves, but what they have heard from others. […]

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The Clemens Debacle

For those of you who are Americans or who live in the U.S., the Clemens debacle is well known. It deals with a very famous […]

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Use It or Lose It

The Second Circuit has made it very clear that if you do not move for a dismissal based on a violation of your right […]

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Venue for Crimes Committed Outside Any District is D.C.

The Constitution recognizes that certain crimes, like piracy, may be committed beyond the geographical confines of any federal […]

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PSR Sufficient to Satisfy Role Enhancement

At sentencing in the case of US v. Espinosa, defense counsel objected to the Pre Sentence Report’s recommendation […]

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Credit For Time Served In Foreign Custody

In a recent extradition ruling by the Colombian Supreme Court, I noticed that there was a “condition” that was […]

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Pretrial Report Can Be Used To Impeach Credibility

In U.S. v. Griffith, decided October 10, 2004, the Court held that the information given by the defendant in his pretrial […]

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Choosing Lawyers

I would be very careful about hiring someone who presents themselves as a “paralegal” and has a business […]

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Cooperation and the Southern District of New York

This is a cautionary tale. It is not meant to criticize or complain. It is meant to warn defendants about the risks they […]

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Courts Enforce Criticized Ratio

In the recent case of U.S. v. Castillo, Judge Robert Sweet of the Southern District of New York handed down a sentence […]

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Delays in the Extradition Process: What I Would Tell A Judge in Washington, D.C.

An incident occurs in Colombia or elsewhere with a Colombian nexus: a seizure of cocaine, or a plane laden with cocaine […]

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District Judge Increases Sentence After Appeal

It used to be that a judge increasing a defendant’s sentence after a successful appeal was presumed to be acting […]

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Extradited Defendant Gets Life Sentence Despite Government’s Promise

On November 14, 2003 a Federal Court of Appeals decided that neither the Extradition Treaty between the United States and […]

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Family Circumstances Permit Departure From Sentencing Guidelines

In a stunning upset for the Government, the Third Circuit has taken a sympathetic position on “family circumstances” […]

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Fast-Track Program Slow to New York

If a previously deported alien is apprehended in the United States and charged with illegal re-entry, he can face more […]

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