West Palm Beach Criminal Lawyer Blog

Category: Federal Crimes

Judge Erred by Not Giving Acceptance of Responsibility

Tuesday, April 7th, 2015  |   No Comments »

In the federal case of the United States of America versus Javado Barner, the Eleventh Circuit Court of Appeals ruled that the trial judge erred when he denied Mr. Barner’s three-level reduction for acceptance of responsibility. The court…

How to Avoid Mandatory Minimum Penalties in Federal Court

Monday, September 1st, 2014  |   1 Comment »

A “mandatory minimum penalty” refers to a federal law that requires a judge to sentence a person convicted of that law to a specified minimum term of imprisonment in the Federal Bureau of Prisons.  There are approximately 200 federal laws…

Retroactive Federal Drug Sentence Reductions

Monday, July 21st, 2014  |   No Comments »

Last week, the United States Sentencing Commission voted to retroactively cut federal prison sentences for drug crimes.  The Commission voted to retroactively decrease the drug table by two offense levels for all drug types.  The result is that approximately…

Sending Child Pornography From Your Cell Phone to Your Computer is Not Necessarily a Crime

Friday, April 4th, 2014  |   No Comments »

In the case of the United States versus Michael Grzybowicz, Mr. Grzybowicz was charged with, among other things, committing the federal crime of distributing child pornography.  That charge was based upon evidence that four pictures of the vagina…

You Have a Constitutional Right to Confront Your Accuser

Friday, March 15th, 2013  |   No Comments »


In the case of the United States of America versus Lance White, the Court ruled that Mr. White’s constitutional right to confront his accuser–a police officer–was violated when White’s lawyer was not allowed to question the officer about…

The Advice-of-Counsel Defense

Thursday, March 14th, 2013  |   No Comments »


In the federal case of the United States versus Michael McIntosh, Mr. McIntosh was charged with committing the crimes of bankruptcy fraud and money laundering because of his failure to disclose during his bankruptcy proceeding that he had received certain…

The Advice-of-Accountant Defense in Federal Court

Monday, March 11th, 2013  |   No Comments »


In the federal case of the United States versus Theresa Kottwitz, the Eleventh Circuit Court of Appeals ruled that  the trial judge erred when he refused to give a jury instruction on Kottwitz’ good-faith reliance on the advice of…


If You Are Charged With a Federal Crime, It May Be Critical for You to Know Whether You Affected Interstate or Foreign Commerce

Friday, March 30th, 2012  |   No Comments »

If you have been charged with committing a federal crime, it may be critical for you to determine whether your supposed criminal activity affected interstate or foreign commerce.

That critical determination was made in the U.S. Supreme Court

Posted in: Federal Crimes
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Minimum Mandatory Sentencing and the Federal Crime of Being a Convicted Felon in Possession of a Firearm

Sunday, October 2nd, 2011  |   No Comments »

           It is a federal crime for a convicted felon to be in unlawful possession of a firearm.  The maximum sentence for that crime is typically 10 years in prison.  If, however, a convicted…

When is an Automobile Passenger Not Guilty of Conspiracy to Commit a Federal Drug Crime?

Wednesday, August 18th, 2010  |   No Comments »

          When someone is charged in an alleged drug conspiracy and that person is located in an automobile that has drugs in it at the time of his arrest, it is not enough that he is merely present in…

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