Monthly Archives/Archivos por Mes: September 2010

Venue for Crimes Committed Outside Any District is D.C.

The Constitution recognizes that certain crimes, like piracy, may be committed beyond the geographical confines of any federal […]

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PSR Sufficient to Satisfy Role Enhancement

At sentencing in the case of US v. Espinosa, defense counsel objected to the Pre Sentence Report’s recommendation […]

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Credit For Time Served In Foreign Custody

In a recent extradition ruling by the Colombian Supreme Court, I noticed that there was a “condition” that was […]

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Pretrial Report Can Be Used To Impeach Credibility

In U.S. v. Griffith, decided October 10, 2004, the Court held that the information given by the defendant in his pretrial […]

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Choosing Lawyers

I would be very careful about hiring someone who presents themselves as a “paralegal” and has a business […]

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Cooperation and the Southern District of New York

This is a cautionary tale. It is not meant to criticize or complain. It is meant to warn defendants about the risks they […]

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Courts Enforce Criticized Ratio

In the recent case of U.S. v. Castillo, Judge Robert Sweet of the Southern District of New York handed down a sentence […]

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Delays in the Extradition Process: What I Would Tell A Judge in Washington, D.C.

An incident occurs in Colombia or elsewhere with a Colombian nexus: a seizure of cocaine, or a plane laden with cocaine […]

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District Judge Increases Sentence After Appeal

It used to be that a judge increasing a defendant’s sentence after a successful appeal was presumed to be acting […]

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Extradited Defendant Gets Life Sentence Despite Government’s Promise

On November 14, 2003 a Federal Court of Appeals decided that neither the Extradition Treaty between the United States and […]

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Family Circumstances Permit Departure From Sentencing Guidelines

In a stunning upset for the Government, the Third Circuit has taken a sympathetic position on “family circumstances” […]

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Fast-Track Program Slow to New York

If a previously deported alien is apprehended in the United States and charged with illegal re-entry, he can face more […]

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Important Information for All Defendants Awaiting Extradition

In Washington, D.C. and perhaps elsewhere in the United States, Colombian defendants are being accused of a crime they did […]

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Judge Tells Jury That A Testifying Defendant Has Motive to Lie

When the Bronx NYPD conducts a search that results in the seizure of a gun, there is always a chance the cops will tailor […]

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Reasonableness in Sentencing? The Court Finally Speaks — U.S. vs. Rattoballi

A recent decision, out of the Court of Appeals for the Second Circuit, finally addressed the question of “reasonableness” […]

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Go to Panama–Retain a Lawyer Sooner Than Later

Go to Panama

For Colombians who are wanted in the United States and would like to face the charges rather than running from them, I […]

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To All Defendants

I read a case that I felt would interest all defendants as it illustrates important aspects of how the legal system works.

A defendant who had twice been convicted of narcotics related […]

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U.S. Court Imposes Life Sentence in Absence of Any Specific Agreement Between Countries

The U.S. Court of Appeals for the Second Circuit recently heard an appeal, against both conviction and sentence, lodged […]

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What Doesn’t Work in Federal Court

I just worked a case that reminded me how chillingly divorced from reality the criminal justice system can be. The judge […]

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Conditions of Extradition

In September, 1998 Juan Cuevas was indicted for conspiring to distribute and to possess with intent to distribute five […]

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