What is a Federal Sentencing Memorandum? (2023)
What is a Federal Sentencing Memorandum? Criminal defense attorneys write a federal sentencing memorandum to help persuade the judge that the lowest-possible sentence is appropriate at a federal sentencing hearing. It can be one of the most impactful things a federal practitioner does and often carries a lot of weight with the judge. The memorandum, […]
What is Federal Obstruction of Justice? | Criminal Defense
What is federal obstruction of justice? In its most basic definition, obstruction of justice occurs when someone prevents a part of the legal system from proceeding by interfering with government investigations or processes or the people involved, such as investigators, prosecutors, judges, jurors, victims, or witnesses. Federal obstruction of justice covers many potential offenses and […]
What Happens at a Federal Sentencing Hearing?
Federal Sentencing Hearings A federal sentencing date is, undoubtedly, a day no one looks forward to. This is the day when a judge announces a defendant’s prison sentence and how long he or she will be on supervised release after serving time. The judge will also order any fines or mandatory financial assessments at this […]
How to Prepare for a Federal Presentence Interview [2023]
After someone is convicted in federal court – either by pleading guilty or by a trial – the federal sentencing process begins. Unlike state court, a judge is the only entity that can hand down a sentence in federal court. To arrive at a fair and just punishment, the federal judge relies heavily on something […]
Federal Plea and Re-Arraignment: What You Need to Know
If you have been arrested for a federal crime, you will be asked to enter an initial plea of “guilty” or “not guilty” very early in the process. This can be confusing and overwhelming, especially if this is your first time in the federal justice system. In this article, we are going to explain when […]
Ghost Guns: What Are They and Are They Illegal in Texas? [2022]
If you have been on social media or following the news lately, you’ve probably heard the term “ghost guns.” Earlier this year, President Joe Biden announced a new rule regulating this type of firearm. But what exactly are ghost guns and are they illegal in Texas? In this blog post, we are going to explain […]
What is Seditious Conspiracy? | Federal Criminal Defense
Two North Texas men are among those who were charged with seditious conspiracy in connection with last year’s assault on the U.S. Capitol. Until recently, many people had never even heard of sedition charges. In this article, we will explain the offense and how the government is using this obscure law to prosecute a far-right […]
The First Step Act: What You Need to Know
In the past months, hundreds of inmates have been released early from federal prison. Some of the released prisoners were elderly or ill, but most were just non-violent offenders who have exhibited good behavior behind bars. They are the early beneficiaries of the First Step Act, a new law aimed at ending mass incarceration, reducing […]
Witness Tampering: The Crime and Consequences
If you follow the news, you’ve undoubtedly heard and seen the term “witness tampering” time and again. In recent years, a number of public figures have been accused – either formally or in the news media – of witness tampering or witness intimidation in the midst of ongoing federal investigations. And while the latest headlines […]
Rule 35 Agreement Reducing a Federal Sentence | Rule 35 Agreement
Rule 35 Agreement to Reduce a Federal Sentence As many know, under the federal system the most powerful departure from the United States Sentencing Guidelines exists under U.S.S.G. 5k1. This departure is warranted in cases where a defendant provides ‘substantial assistance’ to the Government. In other words, the Government rewards defendants that deliver new […]
