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

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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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2181 Hits

Traveler Search and Seizure

Documents released as part of a legal settlement between the Department of Homeland Security and the fundraiser working for the defense of Chelsea (formerly PFC Bradley) Manning reveal that the government has been using “travel alerts” at border crossings to confiscate and examine electronic devices without a warrant. By taking these devices and copying their data, the government has been circumventing protections against unreasonable search and seizure; courts have been...
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1806 Hits

DEA Receiving Tips from the NSA

The Reuters news agency has discovered that the U.S. Drug Enforcement Administration has been receiving “tips” from the NSA,  a revelation that has conspiracy theorists and pragmatists alike shaking their heads.  The most disturbing part of this disclosure is how the DEA’s use of “parallel construction” enables law enforcement to skirt pretrial discovery rules and hide the source of evidence. The DEA has set up a secret office it calls...
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2073 Hits

Englewood Colorado Sex Offender Ordinance Overturned by Federal Judge

A federal judge has overturned an Englewood, Colorado ordinance that seeks to limit where convicted sex offenders can live, calling it a conflict with "the state interest in the uniform treatment, management, rehabilitation, and reintegration of sex offenders during and after state supervision." The ordinance barred convicted sex offenders from living within 2,000 feet of any school, park or playground, or 1,000 feet of any licensed day care center, recreation...
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2116 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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1911 Hits

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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1700 Hits

Salinas V. Texas

The Supreme Court has issued a ruling on a defendant’s right to remain silent that directly impacts how prosecutors may use that silence as evidence in trial. In Salinas v. Texas, the court ruled that if an individual is voluntarily speaking to the police in a pre-arrest situation, and refuses to answer a specific question, that silence may be used against them in court. If the individual does not claim...
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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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  1841 Hits
1841 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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1943 Hits

Maryland V. King

In a potential blow to the Fourth Amendment right to privacy, and in what some are calling “a stunning victory for law enforcement”, the United States Supreme Court decided 5-4 to overturn a lower court decision in Maryland v. King, thereby allowing police to collect a DNA sample at the time of arrest. Proponents argue that this procedure will greatly aid in solving “cold cases”, but Justice Antonin Scalia, in...
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2290 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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10604 Hits

Criminal Defense: Study Questions Reliability of Witness Recall

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Criminal Defense on Friday, October 5, 2012. A recently published study in the Journal of Neuroscience may affect the witness cross-examination by criminal defense teams at trial; it calls into question the validity of witness recall, citing research that demonstrates the way brain networks alter the way an event is remembered. http://www.mdavidlindsey.com/Criminal-Defense/ The Northwestern University Feinberg School of...
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7290 Hits

Search and Seizure: Appeals Court Restricts Scope

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Search and Seizure on Thursday, September 27, 2012. The District of Columbia Court of Appeals has issued new search and seizure guidelines for police officers conducting a warrantless search of vehicles after making a lawful arrest. http://www.mdavidlindsey.com/Criminal-Defense/ The court has rejected an argument that there are some crimes where warrantless searches are always justified; it asserted instead that...
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1982 Hits

Computer Crimes: "Mean Girls" Create Fake Facebook Page

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Computer Crimes on Monday, September 24, 2012. In the first arrest under a new computer crime law governing online impersonation, a twelve year old and thirteen year old from Granbury, Texas are facing a felony charge after fabricating a Facebook page under the identity of a fellow middle school classmate. http://www.mdavidlindsey.com/Criminal-Defense/Computer-Crimes-Defense/ "The juveniles were using the fake Facebook...
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2189 Hits

False Testimony by Sex Crime Expert Casts Doubt on Sentencing

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Sex Crimes on Thursday, July 12, 2012. A prosecution expert in sex crimes made false claims about his assessment of a Texas man's alleged sexual assault of a young relative, leading to a 20-year sentence for that crime. http://www.mdavidlindsey.com/Practice-Areas/Crimes-Involving-Illegal-Sexual-Conduct.shtml In a unanimous ruling, the Texas Supreme Court has concluded that defendant Michael Arena should be re-sentenced because testimony...
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1859 Hits

Ninth Circuit Rules on Computer Fraud and Abuse Act

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Fraud on Monday, April 16, 2012. In a 9-2 decision, California's 9th Circuit Court of Appeals has ruled that prosecutors are too broadly applying the 1984 Computer Fraud and Abuse Act in going after someone who violates employer computer policies or a website's terms of service; the majority upheld the decision of San Francisco U.S. District Court judge...
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1996 Hits

New Wyoming Insurance Fraud Legislation Signed into Law

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Fraud on Tuesday, April 3, 2012. The Wyoming State Legislature has approved a bill intended to target insurance fraud by allowing law enforcement to speak to insurance companies without first getting a subpoena. It also allows insurers to communicate more openly with law enforcement, giving them immunity when dealing with law enforcement agencies. http://www.mdavidlindsey.com/Practice-Areas/Fraud-Crimes.shtml A more broadly worded...
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2217 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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1786 Hits

Supreme Court Search and Seizure Ruling In Use of GPS

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Search and Seizure on Monday, March 5, 2012. In a landmark ruling regarding privacy rights and search and seizure, the Supreme Court of the United States has suggested that law enforcement get a warrant before physically attaching GPS monitoring devices to a suspect's vehicle. While the ruling was unanimous that police had violated the suspect's Constitutional rights, the...
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  1849 Hits
1849 Hits

Criminal Defense News: Supreme Court Reverses Murder Conviction

By David Lindsey Attorney of David Lindsey, Attorney at Law posted in Criminal Defense on Wednesday, February 29, 2012. In an 8-1 ruling favorable to criminal defense, the Supreme Court has reversed a New Orleans murder conviction based on so-called "Brady Violations" by the prosecutors in the case. Chief Justice Roberts delivered the opinion, in which all the Justices except Justice Thomas joined him. Juan Smith was convicted on five...
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1742 Hits

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

Denver Office

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