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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