Restraint Enhancement in Hobbs Act Robbery Cases On May 23, 2017, in United States v. Garcia, the federal Fifth Circuit rejected the imposition of the restraint enhancement in a Hobbs Act robbery. The federal sentencing guidelines provides for a “restraint enhancement” to a sentence when a robbery involves the “forcible restraint of the victim, such as by […]

In 2018, there were 540,561 crashes on Texas roadways. Of that number, 95,572 – or 18 percent – were caused by distracted driving, resulting in 394 deaths and 2,340 serious injures, according to the Texas Department of Transportation. Those sobering numbers come just a year after the state outlawed texting and driving, suggesting that drivers

Governor Abbot recently signed House Bill 1935, which will become law on September 1, 2017. Known as the Knife Law Reform Bill, HB 1935 removes the term “illegal knife” from the Penal Code. As a result, blades over 5 ½ inches, throwing knives, daggers, dirks, stilettos, poniards, bowie knives, swords, and spears are not considered

Will Diversions Lead to Deportation? Pre-trial diversion programs are often used as a tool to avoid a criminal conviction. Whether or not something is a “conviction” depends entirely on the context in which it is asked. For instance, deferred adjudication is generally not a conviction for most purposes under state law, but it can be

After a slew of mass shootings, Texas passed eight new laws in 2019 designed to ease restrictions on guns and license to carry. This included allowing them to be carried in places of worship, during disasters and in rented and leased property. Here’s a rundown of eight new laws that went into effect on Sept.

What is Misprision of a Felony? The technical definition of Misprision can be found in the statute itself, 18 USC 4: Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or

The Supreme Court of the United State handed down Voisine v. United States  in June 2016. The decision addressed the gun ownership and possession rights of individuals who have been convicted of domestic violence charges. In 2014, the Supreme Court handed down United States v. Castleman in which the Court ruled that a “knowing” or “intentional” assault qualifies