Category Archives: Federal Criminal Law
Locked Up for Being Sick: Mentally Ill Man Sentenced 8 Years in Federal Prison for Firearms Violations
There’s no question that Des Moines, Iowa resident David Anthony Tumea had serious mental health problems in 2012. There is also no question that…
Pretense Protective Sweep between Mattress and Box Spring Leads to Firearms Conviction
Ivan Garcia-Lopez probably wishes he had taken his meal somewhere else on the evening February 5, 2014. He was living in a single-wide trailer…
Corrupt Police Office Found Guilty of Distributing Marijuana, Making False Statements, Sentenced to One Month?
Bowling Green State University criminologist Philip M. Stinson is recognized as probably the nation’s best authority on police misconduct. Over a ten-year period, beginning in 2005,…
Possession of Child Erotica Insufficient to Provide Probable Cause for Search
The Homeland Security Act of 2002 (HSA) created the Department of Homeland Security (DHS). The official website for DHS says its mission is “to…
Government’s Ability to Garnish Accounts for Restitution Limited to Amount of Payments Past Due
In 1996, Congress enacted the Mandatory Victim Restitution Act (MVRA). The Act is codified as amended in 18 U.S.C. § 3563A. This statute requires…
Unconstitutional Special Condition of Supervised Release Vacated
Sentencing the federal court is a mess. 1984 was a bad year for the federal criminal justice system. The U.S. Senate, by a vote…
12 Year Sentence in Child Pornography Case Vacated Due to Court’s Failure to Give Statement of Reasons
John Bradley, the once stout and irreplaceable district Attorney of Williamson County, is like the inexorable march of time—he keeps moving and moving, never…
Mens Rea Reform Meets Reality in Criminal Cases
Mens Rea is a legal term that refers the mental state of “criminal intent.” It is the state of mind that an individual must…
In-House, Corporate Counsel Face Impending Conflicts in Criminal Investigations
In a major speech at New York City University this past September, Deputy Attorney General Sally Quillian Yates announced that the U.S. Justice Department…
City Ban on Assault Weapons, Large Capacity Upheld, Next Challenge in the Works
According to FBI statistics, there were 11,961 murders committed in the U.S. in 2014. 8124 of the murders were committed using handguns. 262 people were…
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