Federal Criminal Practice

ebook

By Barry Boss

cover image of Federal Criminal Practice

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REVISION 11 HIGHLIGHTS

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

    AND MORE!

  • Federal Criminal Practice