BLOG BULLETS: Defendants can get credit for acceptance of responsibility even when they go to trial. Such credit is especially justifiable when the defense is an affirmative defense that admits the conduct, like entrapment or duress. And remember Booker; does it “promote respect for the law” or “provide just punishment” to sentence a defendant to […]

BLOG BULLETS: Don’t let prosecutors use their right to object to a conditional plea as a way of maintaining prejudicial joinder of a factually uncontested charge. Ninth Circuit severance case law on felon in possession counts is actually somewhat helpful. Seek a severance if the prosecutor won’t agree to a conditional plea just to maintain […]

BLOG BULLETS: Don’t let prosecutors use their right to object to a conditional plea as a way of maintaining prejudicial joinder of a factually uncontested charge. Ninth Circuit severance case law on felon in possession counts is actually somewhat helpful. Seek a severance if the prosecutor won’t agree to a conditional plea just to maintain […]

BLOG BULLETS: Government consent is required for a conditional guilty plea. But the purpose of that requirement is to let the government preserve harmless error arguments. The defendant is giving the government a benefit by entering a conditional plea, not the other way around, so don’t let the government make you sign a plea agreement […]