Criminal Law & White Collar
92 articles in this practice area
Fifth Circuit Beats Jail Birth Death Claim, Finds Doctor Lacked 'Subjective Knowledge'
A Fifth Circuit panel on Thursday affirmed summary judgment for a Texas jail medical director in a lawsuit over an inmate who gave birth alone in her cell, ruling the doctor lac...
Fifth Circuit Nixes Black Defendant's Batson Challenge Despite 'Erroneous' Judicial Questioning
A Fifth Circuit panel on Thursday affirmed a Louisiana man's drug conspiracy conviction despite finding the trial judge improperly questioned a struck Black juror sua sponte, ru...
Fifth Circuit Nixes En Banc Review of Acquitted Conduct Sentencing 'Troubled' by Practice
A Fifth Circuit panel on Thursday denied rehearing a case challenging the use of acquitted conduct in sentencing, despite calling the practice "deeply troubling" and raising "se...
Fourth Circuit Rejects Felon's Second Amendment Challenge, Affirms 'Large Capacity' Sentencing
A Fourth Circuit panel on Thursday rejected a convicted felon's constitutional challenge to federal gun possession laws and upheld enhanced sentencing for weapons with large-cap...
Sixth Circuit Grants Prison Officials Qualified Immunity Despite 'Unbearable' Scabies Outbreak
The Sixth Circuit on Thursday granted qualified immunity to Michigan prison officials who allegedly ignored a years-long scabies outbreak affecting 200 women inmates, ruling tha...
Third Circuit Upholds TrueAllele DNA Software as 'Reliable Enough' Under Daubert
A Third Circuit panel unanimously affirmed Tuesday that probabilistic DNA software TrueAllele, which calculated an 11.5 trillion likelihood ratio linking a defendant to a firear...
Second Circuit Axes FSA Credits For 'Wasted' Supervised Release Reduction
A Second Circuit panel Thursday vacated a Connecticut federal judge's ruling that allowed a prisoner to apply his First Step Act time credits to reduce his supervised release te...
Circuit Affirms DePape Sentence After Judge Nixes 'Clear Error' Challenge
A Ninth Circuit panel Tuesday affirmed David Wayne DePape's sentence after rejecting his challenge to the district court's authority to resentence him under Federal Rule of Crim...
Fourth Circuit Nixes Honduran Immigrant's 'One Year' Argument
A Fourth Circuit panel Thursday ruled that Virginia's 12-month maximum penalty for identity fraud constitutes 'a sentence of one year or longer' under federal immigration law, r...
2nd Circuit Affirms Drug Dealer's 15-Year Sentence But Nixes 'Standard' Supervision Terms
The Second Circuit on Tuesday mostly affirmed a 15-year prison sentence for a Brooklyn crack cocaine dealer who challenged his conviction on multiple grounds, but ruled the tria...
Supreme Court Nixes 'Tolling' Rule For Absconding From Supervised Release
The Supreme Court on Tuesday unanimously reversed a Ninth Circuit rule that would automatically extend supervised release terms when defendants abscond, ruling that the Sentenci...
11th Circuit Nixes Surgeon's Restitution In Medicare 'False Statement' Case
The Eleventh Circuit on Tuesday upheld an orthopedic surgeon's conviction for making false statements to Medicare but tossed a $315,704 restitution order, saying the government...