Federal Criminal Practice
- ISBN-10
- 1949517403
- ISBN-13
- 9781949517408
- Series
- Federal Criminal Practice
- Category
- Law
- Language
- English
- Published
- 2019-11-01
- Publisher
- LexisNexis
- Authors
- Barry Boss, Edward F. Marek, Jeffrey H. Rutherford
Description
This new edition of Federal Criminal Practice includes new and updated text and case law throughout the book. The highlights include expanded coverage of: Pretrial Release How to raise a constitutional challenge to the residual clause Removal Proceedings New Form: Waiver of Rights (Out of District Cases) (for use in waiver of identity hearings) Grand Jury Proceedings, specifically Custodian of Records issues Custodian’s assertion of Fifth Amendment privilege Authentication and admissibility issues How to respond to the government’s offer to provide a declaration that the custodian may sign in lieu of testifying Pretrial Discovery Whether district courts can issue sanctions for violation of discovery obligations not specifically imposed by Rule 16 Timing of disclosure of information that is both Jencks and Brady material An individual’s expectation of privacy in the record of his physical movements, as captured through cell-site location information Guilty Plea Agreements and Plea Bargaining Substance and practical impact of the Sessions Memo (including a copy of the Memo) Enforceability of a broad swath of waivers commonly contained in standard form plea agreements and whether these waivers violate public policy Scope and enforceability of waivers of appeal – circuit by circuit review Sentencing Appellate court’s discretion to vacate a sentence when the lower court miscalculated the Guidelines range Grounds for variation from the Guidelines under 18 U.S.C. §3553(a): In economic crime cases, when a significant enhancement based on monetary loss may overstate the seriousness of the crime; or When defendant faces a mandatory minimum for a separate offense that will require the court to impose a steep sentence Practical impact of the amendment to the commentary to §3E1.1 of the Guidelines, stating that “a defendant who makes a non-frivolous challenge to relevant conduct is not precluded for consideration for a reduction” under acceptance of responsibility. Career Offender Guidelines; the evolving definition of a “crime of violence” under the Armed Career Criminal Act; and how to challenge a “crime of violence” determination, depending on whether the instant offense was committed before or after 8/1/16 Modification or reduction: Conditions allowing for compassionate release
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