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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 Offi… 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 agree… 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

Mar

Ted Lothstein is Chair and Faculty Member for NH Bar's DWI Litigation Seminar

March 11th, 2020

On April 8, 2020, Ted Lothstein will be chairperson and faculty member for the NH Bar’s full day seminar DWI Litigation: Back to Basics. Although marketed as an introductory seminar for both prosecutors and defense lawyers, this CLE will presen… Read More

Feb

BakerHostetler Partner Turns His Back on Justice

February 17th, 2020

OK, that’s not exactly what the BakerHostetler partner allegedly did during a deposition. But I choose not to print it here. Let’s just say that when the firm assigns lawyers to conduct depositions in the future, this lawyer may be bringi… Read More

Feb

Cutting Edge Privacy Case Argued before NH's High Court

February 12th, 2020

Today, Ted Lothstein presented oral argument to the New Hampshire Supreme Court in a case that implicates several cutting edge issues, including the scope of a new and potentially far-reaching amendment to the State Constitution that safeguards peopl… Read More

Recent Case Results

State Drops DWI-2d Offense Charge

The New Hampshire State Police file charges in the 2d Circuit District Division Plymouth Court, for Driving While Intoxicated, 2d Offense, alleging that Client drove under the influence, with a prior DWI within the last 10 years, AND provided a .19 breath test, well over the limit for Aggravated DWI. Attorney Lothstein secures a plea agreement where the State dropped the DWI-2d offense charge, and Client pled guilty to Aggravated DWI, with a 24 month license suspension (a year less than a second offense DWI), and otherwise receiving the minimum penalties under law for that offense. Read More

Reckless Driving Plea Prevents DWI Conviction and Criminal Record

Client charged with DWI in Plymouth. Attorney Lothstein’s advocacy wins a plea to reckless driving, saving client from having a criminal record, saving client from having a DWI on his record for 10 years, and reducing the license suspension by 4 months. Read More

Cutting Edge Litigation on Prosecutorial Misconduct

The prosecutor may not vouch for police officer’s credibility by arguing that if police officers lied, they would lose their jobs. News of this decision was published in the Criminal Law Reporter. State v. William Mussey, 153 N.H. 272, 893 A.2d 701 (2006).Prosecutor may not cross-examine the accused in an unfair and misleading manner by asking if prosecution witnesses lied to the jury. State v. Lopez, 156 N.H. 416, 937 A.2d 905 (2007). Read More

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» Federal Criminal Defense

Sentence Reduction Under 3582c1A for Extraordinary and Compelling Reasons

30 Days Deprivation of Liberty Not Enough for Assaulting Libertarian

1st Circuit Reverses Felony Convictions - Ineffective Assistance of Counsel

Federal Court Reverses Drug Convictions -Prosecutorial Misconduct

Winning Strategies Seminar - and Drug War Reform

First Circuit Orders Sentence Reduction

First Circuit Affirms Drug Convictions

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

Supreme Court Strikes Down Part of Career Criminal Sentencing Law

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