Peter Smythe Peter Smythe

Drug-to-Cash Conversion

The Fifth Circuit reverses a district court’s wholesale conversion of cash into methamphetamine for lack of sufficient evidentiary support.

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Peter Smythe Peter Smythe

Double Adoptions and Mail Fraud

The Fifth Circuit upholds a mail-fraud conviction involving a double-matching adoption scheme. The Government was not required to prove loss to the victim.

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Peter Smythe Peter Smythe

Statute- of-Limitations Instruction

The Fifth Circuit rules that a defendant is entitled to a statute-of-limitations instruction after limitations was suspended under 18 U.S.C. 3292.

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Peter Smythe Peter Smythe

Ratifying Error is Not Good

The Fifth Circuit upholds a error-ladened sentence because the defendant’s lawyer vouched for the PSR’s miscalculated Guidelines.

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Peter Smythe Peter Smythe

Facebook is Not a Government Agent

The Fifth Circuit holds that Facebook is not a government agent when it comes to forwarding cyber tips to the National Center for Missing and Exploited Children.

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Peter Smythe Peter Smythe

Forfeiture Reversed

The Fifth Circuit reverses a forfeiture order that was based on joint-and-several liability. The order was for $4 million.

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Peter Smythe Peter Smythe

Money Conversion

Cash converted to equivalent drug weight must reflect the realities of the offense.

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Peter Smythe Peter Smythe

Government Malfeasance

The Fifth Circuit holds that the district court did not abuse its discretion in denying a motion for mistrial after the Government repeatedly referenced a co-conspirator’s plea of guilty.

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