Federal Expungement
Can a defendant have an indictment expunged if the Government later dismisses all of the charges?
Suppression and Ineffective Assistance
A failure to fully investigate an aspect of a criminal case can form part of a constitutional defensive strategy.
6th Amendment Right to Counsel
The Fifth Circuit decides that an overnight sequestration order that prevented a defendant from conversing with his lawyer was plain error.
Garnishment and Appeals
A final order of garnishment requires its own separate notice of appeal. An appeal of the original sentence won’t do.
Medicare and Number of Victims
The Fifth Circuit upholds a calculation of victims over and above the offense of conviction.
Wire Fraud and Victims
The Fifth Circuit holds that the crime of wire fraud doesn’t have to involve an intent to obtain property directly from a victim.
Temporal Scope and Restitution
The offense of conviction defines the temporal scope of restitution.
Indigence Doesn’t Equal Future Earning Capacity
Present indigency does not affect future earning capacity.
Prosecutorial Misconduct
A Fifth Circuit case that will affect the way the Government prosecutes its cases.
Search of an Incorrect Address
The Fifth Circuit affirms a conviction when the search warrant contained an incorrect address. The Court held that the agents involved had simply made a mistake.
SORNA and the Categorical Approach
The Fifth Circuit decides SORNA requires more investigation than the categorical approach allows.
Cellphones Are Not Ledgers
Fulton argued that agents obtained evidence on his cellphone in violation of the Fourth Amendment. He first argued that the cellphone wasn’t one of the items to be seized in the original warrant. The Government alleged that the warrant’s reference to “ledgers” was close enough.