David Lindsey Colorado Attorney for Federal Crimes, Drug Crimes, White Collar, Fraud, Computer Crimes, Sex Crimes and Violent Crimes Defense

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Court Ruling Could Impact Federal Sentencing Guidelines

The 4th Circuit Court of Appeals has invalidated a sentence based in part on a previous conviction; the finding is based on the recent U.S. Supreme Court ruling that instructs lower court judges how to define crimes as violent. The ruling has led dozens of federal inmates in Maryland to challenge their sentences. The federal sentencing guidelines mandate a longer sentence for an unlawful re-entry defendant who has previously been...
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10th Circuit Court of Appeals Gives Good Example of Why We Need Courts of Appeals

In a ruling issued today, the 10th Circuit Court of Appeals gave a good example of why we need courts of appeals. Judge Brooks Jackson was chastised by the Court of Appeals for failing to follow the law when it came to the Federal Sentencing Guidelines. Judge Jackson was previously a state court judge in Jefferson County, Colorado. He became a federal judge two years ago. In this particular case,...
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2189 Hits

Mandatory Minimum Sentences - Federal Criminal Defense

The Department of Justice has announced a new policy to handle low-level drug offenses committed by nonviolent offenders without gang affiliations. The policy is one part of a sweeping prison reform package introduced by Attorney General Eric Holder to an American Bar Association gathering in San Francisco on Monday. Holder unveiled the new policy, which the Justice Department has been working on for months, asserting that “we must face the...
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US v Davila

In a unanimous decision, the United State Supreme Court has ruled that a judge’s participation in a plea negotiation does not constitute a reversible error, given the language in the Federal Rule of Criminal Procedure 11(h), which stipulates that “a variance from this rule is harmless error if it does not affect substantial rights”. In this case, even though there was a clear violation of the Federal Rule which prohibits...
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Descamps V. United States

The Supreme Court has overturned a Ninth Circuit Court ruling regarding the imposition of the Armed Criminal Career Act (“ACCA”) on a defendant with prior “violent felonies”. In its decision, the lower court had deemed it appropriate for the sentencing judge to go back to the guilty plea proceedings in a previous case; the Supreme Court found held that this fact finding went beyond the scope of access for the...
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1846 Hits

Peugh v. United States

In a 5-4 ruling, the U.S Supreme Court held that a defendant may not be sentenced under guidelines put in place after the crime was committed. In Peugh v. United States, the petitioner was convicted in federal court on five counts of bank fraud committed between 1999 and 2000, but was sentenced based on the 2009 version of the U.S. Sentencing Guidelines, resulting in a sentence of nearly twice the...
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1954 Hits

Federal Sentencing Law: The High Cost of Prison Phone Calls

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Federal Sentencing Law on Tuesday, October 9, 2012. A hidden result of the inmate-phone industry is widespread discrimination in federal sentencing law, because the rates effectively disallow phone calls between inmates and their families who cannot afford the exorbitant price of a phone call. The FCC has agreed, under pressure from a collection of civil rights and religious...
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10615 Hits

Federal Sentences Vary Widely, But Are Not Politically Biased

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Federal Sentencing Law on Wednesday, March 14, 2012. In federal sentencing law news, the Associated Press reports that federal judges are handing out a wide range of sentences for similar crimes, according to an analysis by the Transactional Records Access Clearinghouse of sentencing records; the study shows that the judge's political party doesn't uniformly dictate those differences. http://www.mdavidlindsey.com/Federal-Crimes/Federal-Sentencing-Law.shtml...
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David Lindsey, Attorney at Law

7887 East Belleview Avenue, Suite 1100
Englewood, CO 80111
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Phone: 303-228-2270
Fax: 303-228-2271

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1900 Grant Street, Suite 750
Denver, CO 80203
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Phone: 303-228-2270
Fax: 303-228-2271