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Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

November 18th, 2019

Posted By

Richard Guerriero

Contributor: Richard Guerriero

U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More

Categories: Appeals, Criminal Cases In The News, Criminal Defense, Federal Criminal Defense

30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

September 12th, 2019

Posted By

Theodore Lothstein

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

Categories: Criminal Cases In The News, Federal Criminal Defense

1st Circuit Reverses Felony Convictions - Ineffective Assistance of Counsel

January 13th, 2018

Posted By

Theodore Lothstein

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

Categories: Criminal Cases In The News, Criminal Defense, Federal Criminal Defense

Federal Court Reverses Drug Convictions -Prosecutorial Misconduct

February 9th, 2017

Posted By

Theodore Lothstein

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

Categories: Appeals, Federal Criminal Defense

Winning Strategies Seminar - and Drug War Reform

February 10th, 2016

Posted By

Theodore Lothstein

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

Categories: Criminal Defense, Federal Criminal Defense, News about Lothstein Guerriero PLLC, War on Drugs Winds Down

First Circuit Orders Sentence Reduction

November 11th, 2015

Posted By

Theodore Lothstein

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

Categories: Appeals, Federal Criminal Defense, War on Drugs Winds Down

First Circuit Affirms Drug Convictions

November 8th, 2015

Posted By

Theodore Lothstein

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

Categories: Appeals, Criminal Cases In The News, Federal Criminal Defense, News about Lothstein Guerriero PLLC

1st Circuit: Sentencing Judge Can Sentence Based on Facts in PSR

October 5th, 2015

Posted By

Theodore Lothstein

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

Categories: Criminal Cases In The News, Criminal Defense, Federal Criminal Defense

Supreme Court Strikes Down Part of Career Criminal Sentencing Law

June 28th, 2015

Posted By

Theodore Lothstein

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

Categories: Criminal Cases In The News, Federal Criminal Defense

Recent Blog Posts

Nov

Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

November 18th, 2019

U.S. v. Urkevich order, 03-cr-00037, Nebraska District Court, link to the order here: Urkevick order c1A Read More

Sep

30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

September 12th, 2019

Sep

State Police Roadblock coming to Bedford this week

September 5th, 2019

DWI ROADBLOCK COMING According to patch.com, the New Hampshire State Police, Troop B have announced they will run a roadblock “DWI checkpoint”) in the Bedford area this week. Usually, “this week” means Friday or Saturday eveni… Read More

Recent Case Results

DWI Charges Dropped on Constitutional Violation Grounds

In Lebanon District Court, the State Police charged Client with DWI-2d Offense and Aggravated DWI. Attorney Lothstein filed a motion to suppress, contending that the vehicle stop violated Client’s constitutional rights. On the day of trial, the State allowed Client to plead guilty to reckless driving, and dropped the DWI charges. Client avoided mandatory jail time, mandatory 7-day alcohol treatment program, mandatory one-year “ignition interlock”, and the plea reduced her court-imposed license suspension from 36 months to 60 days! Read More

Breath Test Evidence Suppressed: DWI Charge Dismissed

State Police arrest Client after he is stopped in a DWI roadblock and blows a breath test over the legal limit. Judge Rappa holds that the investigating officer did not have sufficient suspicion to justify removing driver from the vehicle for field sobriety tests, and grants motion to suppress all evidence that follows, including the breath test. This results in dismissal of the charge. Read More

Conviction for Felony Fraud Overturned

Conviction: Felony Fraud committed against a nursing home.Read the Court’s Decision Overturning the Conviction. State v. Huffman, 154 N.H. 678, 918 A.2d 1279 (2007). Read More