Tags » Federal Crimes

Rethinking SRCA

I posted last year on the Sentencing Reform and Corrections Act, now pending in the Senate.  I have expressed some reservations about the bill, some of which are now the subject of a move to amend the bill to address the concerns that I and other much more prominent critics of the bill have noted.  395 more words

Presence, mens rea, and drug conspiracy

Normally, mere presence during the commission of a crime does not prove intent to form an agreement to commit the crime (conspiracy) or to aid the crime (accomplice liability).  763 more words

2nd Circuit: No new trial for Bobby Glasses

Bartolomeo “Bobby Glasses” Vernace, once a high-ranking capo in the Gambino Crime Family, was convicted and sentenced to life in prison without parole for engaging in a RICO conspiracy that included the infamous Shamrock Murders.  710 more words

Constitutionality of the MDLEA in question

The Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et seq. (MDLEA), is a little-known statute with a potentially very broad reach.  It allows the United States to prosecute drug crimes committed by foreign nationals on the high seas, even where the person has no demonstrable connection to the United States and regardless of whether the drugs are destined for any American territory.  711 more words

Is a Clinton prosecution on the horizon?

Friday brought news that the State Department has determined that 22 of the emails on Hillary Clinton’s personal server contained “Top Secret” information.  Politico’s story is… 557 more words

Do traffic stops automatically justify pat-downs?

When police conduct an investigative stop (a.k.a., Terry stop) of a suspect, the officer is constitutionally permitted to conduct a pat-down of the suspect, as well, but only if the officer has reasonable suspicion that the suspect is armed and dangerous.  775 more words

Increasing GOP opposition to sentencing reform bill in Senate

Politico has a story up today about the efforts by Senator Tom Cotton of Arkansas to kill the sentencing reform bill now pending in the Senate.  109 more words