Helpful Federal Criminal Defense Articles from Attorney Joseph Abrams

The youthfulness of an offender in the federal criminal justice system has not historically been an encouraged basis for downward departure under the federal sentencing guidelines or given significant weight by sentencing judges. This began to change a few years ago when scientific studies began to emerge showing that the underdevelopment of the brain of young adults effects individual behavior and culpability within the criminal context. This ultimately led to the Sentencing Commission recently amending the sentencing guidelines to provide that the defendant’s youthfulness may be a basis departing downward from the sentencing guidelines. Moreover, and importantly, literature and study results around the issue have provided significant justification for leniency under the federal sentencing statute 18 USC 3353(a). This article takes a brief look at the scientific data, the guidelines amendment, and a recent case study.

Having finally regained a voting quorum for the first time since 2018, the U.S. Sentencing Commission enacted substantial changes to the last version of the United States Sentencing Guidelines Manual, which took effect on November 1, 2023. The Commission is continuing its work with a slate of new amendments for the Guidelines Manual which will take effect on November 1, 2024. One of the most noteworthy changes is to prohibit acquitted conduct from being used to calculate the sentencing range under the Sentencing Guidelines. The 2024 Sentencing Guidelines will also include significant changes with respect to how youthful offenders are sentenced, how loss in fraud cases is calculated, and how offenses involving weapons with altered or obliterated serial numbers are punished. This article examines the 2024 amendments and breaks down the most significant aspects of them.

Having finally regained a voting quorum for the first time since 2018, the U.S. Sentencing Commission enacted substantial changes to the newest version of the United States Sentencing Guidelines Manual, which took effect on November 1, 2023. One of the most noteworthy changes is retroactive Amendment 821, which deals with the computation of criminal history points and whether a departure for first-time offenders is applicable. The 2023 Sentencing Guidelines also include significant changes to the eligibility requirements for seeking compassionate release from prison. Additional lower profile amendments are included as well. This article examines the amendments included in the 2023 Sentencing Guidelines and breaks down the most significant aspects of them.

A proffer in a federal criminal investigation is most commonly used by defense attorneys to persuade a prosecutor to not bring charges against their client who is the target of a criminal investigation. It is an informal interview where the individual provides the government with information they have about crimes committed by others. In exchange, the individual is given assurances that their statements will not be used against them in a subsequent criminal proceeding. Sounds straightforward and fair, right? Not necessarily. While the individual is required to truthfully answer all questions during a proffer, the immunity granted to them is limited and even has the potential to subject the individual to indictment and conviction. This risk is not always obvious until it’s too late. This article explains the risks of proffers, when and under what circumstances a proffer should be made, and the importance of thorough preparation prior to the proffer to best ensure a successful outcome.

The Fourth Amendment of the U.S. Constitution guarantees “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...” It further guarantees that “No Warrants shall issue, but upon probable cause…” Search and seizure litigation over many, many years has produced deep and detailed jurisprudence on the meaning of “unreasonable” and “probable cause” within the context of the Fourth Amendment. Despite a prolific history of litigation and guidance by the courts, many practitioners today, including law enforcement, prosecutors, and criminal defense attorneys, struggle to identify crucial search and seizure issues and to frame the issue in its proper factual and legal context. This article presents five questions to ask to better understand and identify search and seizure issues.

Foreign countries across the globe use extradition treaties with the United States to charge and prosecute persons suspected of committing crimes in their territories. The United States extradites both citizens and non-citizens to over 100 nations around the world pursuant to numerous bilateral treaties, some dating back more than 150 years. Extradition requests are serious matters, and persons facing extradition from the United States are confronted with an extraordinarily complicated process that is largely structured against them and in favor of granting extradition. This article takes a look at the basics of the extradition process, some possible defenses to extradition, and whether bail can be granted pending an extradition hearing.

The federal sentencing guidelines emerged from the Sentencing Reform Act of 1984 (SRA) and first became effective on November 1, 1987. Prior to the guidelines, federal judges had virtually unfettered discretion to mete out a wide range of “indeterminate” sentences, and the U.S. Parole Commission would then decide when inmates were actually released from prison. The SRA abolished federal parole and instituted mandatory sentencing guidelines binding on all federal judges. Over the years, the guidelines have continually changed in substantial ways through numerous amendments, new legislation, and case law. This article takes a look at how federal sentencing practice has evolved alongside the guidelines over the past 34 years.

As the number of sentences imposed against the January 6 rioters increase, they are hitting the news headlines with more regularity – and raising questions about their fairness. The sentences have been wildly disparate, some for good reasons, but others for reasons that are not entirely clear. This article takes a look at the sentences that have been imposed thus far, and attempts to explain the reasoning for the divergent outcomes.

The “career offender” enhancement under the federal sentencing guidelines has been flawed since it was promulgated as part of the Sentencing Reform Act of 1984. The many structural problems with the law and its application have never been statutorily addressed. It’s now widely agreed by defense attorneys, prosecutors, and judges that sentences imposed pursuant to the career offender guideline are among the most severe and least likely to promote the statutory purposes of sentencing. This article takes a brief look at the history of the career offender guideline, its impact on sentencing, and how it can be improved.

Federal grand juries are invested with broad powers, operate in secrecy, and have sweeping authorities to investigate individuals based merely on tips and rumors. So, what could there possibly be to fear? For the vast majority of law-abiding citizens – nothing. The grand jury is an institution that has been around for centuries and is enshrined in the Bill of Rights. Still, most people have little understanding of the grand jury process, which can lead to unfounded fears about the work it does. This article looks at the basics of the law of federal grand juries, including their purpose, how they’re organized, and how they operate.

The First Step Act of 2018 authorized, for the first time, a federal inmate, rather than solely the Federal Bureau of Prisons, to file a motion seeking compassionate release. Not surprisingly, a significant increase in motions were filed the following year in 2019, the majority of which were filed by inmates, resulting in a five-fold increase in the number of motions granted. Of course, COVID-19 struck the following year, resulting in an even greater increase in motions filed by federal inmates in 2020. This article looks at the requirements for compassionate release in federal cases and examines data from the year 2020.

Sentence disparity in federal non-production cases began to increase after passage of the Protect Act in 2003, which added a series of enhancements to the child pornography sentencing guideline. In the years since, sentence disparity has persisted and continues to increase at a significant rate. This article looks at recent sentencing outcomes in federal non-production cases, and discusses the primary factors that cause sentence disparity.