Monthly Archives: October 2024
Is Manslaughter a “Crime of Violence”?
Federal law has long barred many convicted felons from legally owning a firearm. In sentencing a person convicted of being a felon in possession of a firearm, a federal judge must consider whether the defendant has at least two prior convictions for a “crime of violence” on their record. If they do, that increases… Read More »
When Is a Fine Considered “Excessive”?
The Eighth Amendment to the United States prohibits a court from imposing any “excessive fines.” As the United States Court of Appeals for the 11th Circuit explained in a recent decision, United States v. Schwarzbaum, this ban on excessive fines was taken from the Virginia Declaration of Rights of 1776, which in turn got… Read More »
Is Possession of “Virtual” Child Pornography a Crime?
Modern computer graphics software makes it relatively simple for even a novice designer to create realistic-looking images. And with the advent of so-called artificial intelligence models that can automatically generate images based on text prompts, you do not even need to know how to draw to make an image of whatever you can think… Read More »
Criminal Fraud and the “Nature of the Bargain”
White collar crimes, such as wire and mail fraud, are based on a “scheme or artifice to defraud.” Basically, if you use deception to deprive a person of their money or property, that is fraud. This requires the government to prove that the defendant (1) knew they were making false statements or acted with… Read More »
What Is the “Safety Valve” in a Florida Drug Trafficking Case?
Federal law requires judges to impose mandatory minimum sentences for a number of criminal offenses. There is an exception, however, often known as the “safety valve.” The safety valve permits a judge to impose a below-minimum sentence–even over the government’s objections–in certain drug trafficking and unlawful drug possession cases. Not every defendant is entitled… Read More »
