Archived
Can one be a federal drug "organizer, leader, manager, or supervisor" and a "minor participant" at the same time?
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Answered on December 07, 2013
In United States v. Tsai, 954 F.2d 155, 167 (3d Cir.1992), the US Court of Appeals for the Third Circuit held that an upward adjustment for an...
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Archived
Why does the government indict 20 or more people at a time and not one person a day?
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Answered on December 07, 2013
Indicting all co-defendants at once avoids unnecessary, repetitive presentations of the same facts to a grand jury and avoids Speedy Trial Act (18...
Archived
What happens if I get arrested while on an Order Setting Conditions of Release with federal court?
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Answered on December 07, 2013
If the court finds by a preponderance of the evidence that you committed a federal, state, or local offense while on pretrial release, or by clear...
Under federal drug law, if I purchased drugs from a supplier but the supplier sold drugs to others, am I liable for other
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Answered on December 05, 2013
A federal drug conspiracy in violation of 21 U.S.C. § 846 is an agreement between the defendant and at least one other person to commit a federal...
Archived
In Federal Criminal Court do you need a Judge to approve a subpoena ?
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Answered on December 05, 2013
No. If the party to whom the subpoena is directed believes that compliance would be "unreasonable or oppressive," or the documents sought are...
Archived
Federal case law
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Answered on December 04, 2013
Yes. Google Scholar and FindLaw are both very user-friendly. Cornell University's site (law.cornell.edu) is excellent for researching statutes...
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How long can restitution payments be demanded after probation is completed?
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Answered on December 03, 2013
Pursuant to 18 U.S.C. § 3613(b), the government - through the US Attorney's Office's Financial Litigation Unit - may collect any outstanding fines...
Archived
If a state case is ran concurrent to a federal term are you entitled to a jail credit for state?
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Answered on December 03, 2013
The only way in which a state sentence can run concurrently to a federal sentence is is by order of the court in the federal case. However, if...
In Federal system what is a subpoena under seal mean?
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Answered on December 03, 2013
A document filed "under seal" cannot be accessed by the public, and in certain cases, the opposing party. A court will not allow a document to be...
Archived
Can Allenye or Apprendi be used in a leadership enhancement drug conspiracy fed case.
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Answered on December 02, 2013
Apprendi v. New Jersey holds that a district court cannot use any fact to increase the statutory maximum penalty for a crime unless that fact is...