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» Federal Criminal Defense

Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More
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30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

The Court Ruling The 6th Circuit Court of Appeals ruled this week that a sentencing judge gave too lenient a sentence – 30 days in jail – to the man who assaulted the world’s most famous libertarian, Senator Rand Paul. Senator Paul&… Read More
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1st Circuit Reverses Felony Convictions - Ineffective Assistance of Counsel

Overview – Important Federal Circuit Decision On January 9, 2018, the 1st Circuit issued an important decision for the criminal justice system, and for Eber Rivera, who may have been wrongfully convicted of Armed Assault with Intent to Murder a… Read More
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Federal Court Reverses Drug Convictions -Prosecutorial Misconduct

The Court’s Ruling On February 3d, 2017, the First Circuit Court of Appeals in Boston reversed felony drug convictions for conspiracy to smuggle cocaine from Puerto Rico to the continental United States, because of the prosecutor’s improp… Read More
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Winning Strategies Seminar - and Drug War Reform

On January 28-30, Ted Lothstein and Richard Guerriero flew out to San Antonio, Texas for a three-day federal criminal defense continuing legal education course entitled “Winning Strategies Seminar” and presented by the Administrative Off… Read More
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First Circuit Orders Sentence Reduction

Court Orders Sentence Reduction underAmendment 782 Effective November 1, 2014, Amendment 782 to the United States Sentencing Guidelines, the so-called “Drugs Minus Two Amendment” reduced the guidelines for all federal drug offenses by two… Read More
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First Circuit Affirms Drug Convictions

Boston Court Issues Published Decision in Case Handled by Lothstein Guerriero, PLLC On November, 4, 2015, the First Circuit Court of Appeals in Boston issued a published decision in an appeal handled by Ted Lothstein, United States v. Sean Brown, No.… Read More
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1st Circuit: Sentencing Judge Can Sentence Based on Facts in PSR

An important new 1st Circuit decision reminds us that the lawyer’s duty to object to inadmissible material can be just as important during sentencing, as at trial.   Luis Cirilo pled guilty to unlawful firearm possession, pursuant to a plea ag… Read More
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Supreme Court Strikes Down Part of Career Criminal Sentencing Law

On Friday, June 26, 2015, in a decision entitled Johnson v. United States, the United States Supreme Court struck down the ‘residual clause’ of the Armed Career Criminals Act. This federal law elevates the sentence for a an illegal gun co… Read More
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