What Mendoza v. State Teaches About Suppression, Consent, and Language Barriers
Mar 27, 2025
The Texas Fifth Court of Appeals recently affirmed the felony DWI conviction of Margarito Espinoza Mendoza in Mendoza v. State, providing important takeaways —especially where language barriers, field...
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Understanding 4-Level Enhancement for "Abduction" Under U.S.S.G. § 2B3.1(b)(4)(A)
Jun 02, 2023
The question before the court in United States v. Sansbury was whether the application of a four-level sentencing enhancement for abduction under U.S.S.G. § 2B3.1(b)(4)(A) was justified. The Incident ...
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Understanding "right-to-control" theory as a basis for liability under the federal wire fraud statut
May 23, 2023
In Ciminelli v. United States, No. 21-1170, at \*4 (May 11, 2023), the Supreme Court held that the right-to-control theory, which focuses on depriving a victim of valuable economic information, does n...
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Application of "Crime of Violence" Career Offender Enhancements to Conspiracy Convictions
May 18, 2023
In United States v. Henderson, No. 18-1894, at \*2-3 (3d Cir. Mar. 29, 2023), Henderson was indicted for possession with intent to distribute 40 grams or more of fentanyl, a crime to which she pleaded...
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Understanding How Obstruction at Sentencing Can Impact Acceptance of Responsibility
May 17, 2023
In United States v. Strange, No. 21-2923, the United States Court of Appeals for the Second Circuit upheld a sentence imposed by the District Court for the District of Connecticut, which included an o...
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Application of Firearm Sentencing Guideline Enhancement In Connection with Another Felony Offense
May 15, 2023
The 4th Circuit affirms application of 4-level firearm sentencing guideline enhancement in United States v. Dix. After a high-speed chase and a crash, the driver, Jason Dix, was arrested and a firearm...
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Understanding the "Honest Services Fraud" Theory of Prosecution
May 12, 2023
The United States Supreme Court recently provided much-needed clarity in an important case concerning the theory of "honest services fraud," overturning the conviction of Joseph Percoco, a former aide...
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Understanding the "Manager or Supervisor" Guideline Sentencing Enhancement under §3Bl.l(b)
May 11, 2023
In United States v. Hunsaker, No. 22-7016 (10th Cir. Apr. 18, 2023), the Tenth Circuit Court of Appeals overturned a district court's ruling to enhance defendant’s sentence under United States Sentenc...
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Understanding the Elements of 922(g), Possession of a Firearm by Convicted Felon
May 11, 2023
Section 922(g) of Title 18 governs offenses for unlawful possession of a firearm and ammunition by a convicted felon. Before a defendant can be found guilty of an offense under Section 922(g), the gov...
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