BLOG BULLETS: California’s Prop 47, which reduces simple possession from a felony to a misdemeanor and also allows already sentenced defendants to go back and have their convictions modified, can be used for our federal clients. Among the arguments that can be made are that the prior conviction no longer qualifies as a prior felony […]
Read/Write CommentsBLOG BULLETS: The 2015 Guidelines amendments just took effect on November 1. There’s changes to the theft/fraud guideline that are mostly helpful, including a partial adjustment of the loss table for inflation, changes to the victims and “sophisticated means” adjustments, and modification of the commentary defining “intended loss.” There’s also some helpful changes to the […]
Read/Write CommentsBLOG BULLETS: The recent Supreme Court opinion holding the Armed Career Criminal Act residual clause unconstitutional – United States v. Johnson – can be used to help even clients who have completed serving their prison sentences. Both guidelines commentary and Ninth Circuit case law suggest a showing the defendant wrongfully served excess time in custody […]
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