Category Archives: Drug Trafficking
Profiling Experts in Federal Drug Cases
The core federal drug statute is 21 U.S.C. § 841. This statute focuses exclusively on the manufacture, distribution, dispensation, or possession of a “controlled…
Improper Bolstering in Federal Drug Conspiracies
Two years ago the Fifth Circuit Court of Appeals said that a prosecutor’s role “is not that it shall win a case, but that…
Drug Overdose Deaths Result in Unfair Sentencing
Who is responsible for a drug overdose death? Dubuque, Iowa, the corn capital of the U.S., has a serious drug overdose problem. A local…
Federal Trafficking Charges for Man with RV of Marijuana by Hondo HS?
A 36-year-old man was recently arrested for parking an RV with a large amount of marijuana across the street from Hondo High School in…
The Sanctity of The Home Reinforced by Second Circuit
The Sanctity of The Home Reinforced by Second Circuit The U.S. Supreme Court has for nearly six decades has recognized the fundamental Fourth Amendment…
Unauthorized Drivers May have Expectation of Privacy in Rental Vehicles
On September 17, 2014, Terrence Byrd and a companion, Latasha Reed, went to a Budget car rental affiliate in Wayne, New Jersey. Ms. Reed…
Touching White Fog Line, No Basis for Traffic Stop
A “fog line” is a white (usually bright) line painted on the right side of a roadway separating the roadway from what is known…
Will Your Drug Trafficking Sentencing Be Concurrent or Consecutive?
A recent South Texas drug case involving multiple defendants illustrates the workings of concurrent/consecutive sentencing. The five defendants convicted in the case, including on…
The Continuing Problem in Federal Drug Sentencing
Sentencing in federal drug cases can sometimes pose difficult challenges for the judges imposing sentence. This was illustrated in a December 12, 2017 decision,…
Federal Prosecutor Violates Confrontation Clause, Causes Reversal
More than two decades ago Pace Law School professor Bennett L. Gershman observed in a scholarly law review article that “rules of evidence are…
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