| Crispin Stars | Cop Out & Land Mines | Fun Facts About Defense Warriors | Recent Supreme Court Cases | The RICO Racket |
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What is an arrest warrant does not give officers the right to enter a third party's home based merely on the believe that a fugitive may be there. An arrest warrant can only justify enter a home when police reasonably believe that the fugitive resides there and is present at the time.
A team of more than ten US Marshals showed up at Mr. J’s door looking for his fugitive brother based on a tip. Officers lined up at the door and yelled police then demanded that the door be opened. Mr. J opened the door and then slammed it when officers said that they were looking for his brother. The fugitive team then breached the door with a battering ram and later claimed that they had smelled marijuana while the door was open. The Government argued that this was a valid “knock and talk.” What's the ruling?
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What is they ain't offering you nothing you cannot get on your own.
Your client (a first time offender) is named in a three-count indictment charging conspiracy to possess with intent to distribute cocaine and two substantive counts of possession with intent to distribute. The Government generously offers to drop the substantive counts if your client will agree to plead to count one and waive appeal. They will also recommend acceptance of responsibility. This is what you tell your client.
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Who is Stephen Johnson
This FDP Warrior and former Jake Waldrop protege won the Chatty Cathy Award at the FDP Christmas Party.
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What is I have a duty to file the notice of appeal despite the appeal waiver? (There is a presumption of prejudice when anytime an attorney costs a client his or her direct appeal.)
You have secured a favorable sentence for your client pursuant to a favorable plea agreement with the USAO's standard appeal waiver. At the conclusion of the sentencing hearing, the client asks you to file an appeal. You turn and say you know you have an appeal waiver and you could risk our great sentence by appealing, but your client insists on an appeal. Based on the Supreme Court's decision in Garza v. Idaho, you tell the client this.
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What is 0?
In a RICO conspiracy case - the government must prove the following number of overt acts ? 0, 1 or 2 ?
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What is the district court would have to find that the 9 kilograms were within the activity that Enrique jointly agreed to undertake. United States v. Montano-Garcia, 18-11773, 1:17-CR-285-MHC.
Mark Jeffrey’s client, Enrique, was arrested in a house where 11 kilograms of heroin were found, nine of which were hidden from plain sight. Though Enrique pled guilty to being a drug courier only, the district court held him accountable for the entire 11 kilograms of heroin found in the. Jake Waldrop Crispin Star Winner Mark Jeffrey convinced the 11th Circuit to vacate the sentence on the principle that the district court could not hold Enrique responsible for the hidden nine kilos of heroin unless it found this.
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What is (25 x 4) for the armed robberies + (7 x 4) for the 924cs = 128 years?
Your client is charged with 4 armed bank robberies and 4 924(c)s by brandishing. What is your client's total statutory exposure?
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What is lack of proof of willfulness, because the Government could not prove that the client knew it was wrong to keep the money.
FDP's own Rebecca Shepard was able to obtain a dismissal in a case where her client kept receiving his father's VA benefits to the tune of $100,000 after his death. Agents went to question the client, but client refused to talk. The Government charged the client under 18 USC 641. When Becca said she was taking the case to trial, the Government dismissed. They were likely worried about lack of proof on this element.
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What is the 1st Amendment?
Ms. Sineneng-Smith was convicted of encouraging or causing illegal immigration for financial gain based on her immigration-consulting business and convinced her clients to hire her to file their visa applications even though she knew they were ineligible. The Ninth Circuit reversed holding that the statute is so broad that it could apply to a grandmother urging a grandson to overstay a visa or an attorney advising a client remain in the country while contesting removal. The Supreme Court granted cert. to determine whether the statute violates this Amendment.
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What is 0?
In a RICO conspiracy case - the government must prove that your client committed the following number of racketeering acts ? 0, 1 or 2 ?
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The government cannot satisfy its burden of proof by relying on the oft-stated (but not always applicable) principle that restitution can be based on a reasonable estimate of loss when the loss is definite and easy to calculate. U.S. v. Roberta Sheffield, No. 17-13682.
Happy Crispin Warriors Victoria Bruner and Esther Panitch convinced the 11th Circuit to reverse a restitution order even though the district court relied on a reasonable estimate of the loss based on this principle.
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where the appropriate restitution amount is definite and easy to calculate, the government cannot satisfy its burden of proof by relying on the oft-stated (but not always applicable) principle that restitution can be based on a reasonable estimate of loss.
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What is 2?
In a RICO conspiracy case - the government must prove that members of the conspiracy agreed to commit the following number of racketeering acts ? 0, 1 or 2 ?
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What is LIFE?
If the RICO count includes a sentencing enhancement for your client based upon a drug quantity listed in 21 USC 841 (b)(1)(A) (such as, more than 5 kilos of cocaine), your client faces a statutory maximum sentence of how many years under this count ? 20, 40 or LIFE ?
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What is aggravated assault?
Which of the following is not a racketeering act ? murder, aggravated assault, or (felony) dealing in controlled substances ?
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