Category Archives/Archivos de la categoría: Articles

Dimitrios Skaftouros (“Skaftouros”) was wanted in Greece on murder charges. A Magistrate Judge of the United States District Court for the Southern District of New York certified him as extraditable, but the decision was overturned by a District Court judge … Continue reading →

The guidelines are a sentencing scheme by which levels are accorded to different factors such as the nature of the crime, the amount of drugs or money involved in the crime, the role played by the defendant in the crime, … Continue reading →

Taking a case to trial after the client has “proffered” (spoken to the prosecutor) is difficult. Most proffer agreements have a clause permitting the government to introduce the defendant’s proffer statements to rebut evidence offered or elicited, or factual assertions … Continue reading →

In United States v. Rodriguez, No. 10-2724-cr (2d Cir. August 25, 2011), a defendant, while detained at the MDC in New York, called his sister and asked her to tell their brother to contact defendant’s attorney so that they could … Continue reading →

United States v. Archer, No. 10-4684-cr (2d Cir. September 20, 2011), a case involving fraud by an attorney, brought up a particularly interesting discussion of the procedures for sentencing issues upon returning a case to the trial court for reconsideration … Continue reading →

In United States v. Leslie,  (2d Cir.October 3, 2011) the court rejected the argument that a defendant’s incarceration stannding alone, should be treated as a withdrawal from the conspiracy for sentencing purposes. Defendant was serving a bank fraud sentence in 2005, but … Continue reading →

The Wisdom of Crowds: Why the Many Are Smarter Than the Few is a book written by James Surowiecki about group thinking that, he argues, makes for better decision-making than decisions made by any single member. The example he uses … Continue reading →

The Court of Appeals for the Second Circuit in the recent case of United States vs. Al Kassar set forth legal rules that extradited defendants and their lawyers should find useful. The defendants in that case argued that U.S. courts … Continue reading →

Taken from an article in the New York Times, November 5, 2011 written by Sarah Shourd, a writer who was imprisoned in Iran, entitled “Torture by Solitude.” “After two months with next to no human contact, my mind began to … Continue reading →

After an extradited defendant arrives in the USA, how much time can pass before the court decides his case? It could be months or even years, depending on what the defendant wants to do. If he wants to cooperate with … Continue reading →

The best lawyer in the criminal process is not necessarily the one who always wins because that is impossible. The best lawyer is the one who lets the prosecutor know that even though the prosecutor could win, it will take … Continue reading →

The judge tells a jury how to decide a case, and the jury obeys. That is why it is wrong to suggest that because someone is a Colombian and the case involves drugs, the Colombian is going to be convicted. … Continue reading →

Whenever possible, it is a good idea to order sentencing minutes of co-defendants. Not only will you know what your judge thinks of the crime, but you might get an idea of what he thinks of sentencing in general. I … Continue reading →

The case is intriguing. Motion papers allege that the DEA struck a deal with members of a Mexican cartel to allow it to ply their trade so long as they provided information to the DEA about other cartels. The idea … Continue reading →

About seventeen months ago, a Colombian defendant, instead of waiting to be extradited to the United States, surrendered to federal authorities. The defendant, however, was not coming to the United States to plead guilty to narco-trafficking charges as the government … Continue reading →

A Federal judge in Manhattan refused on Tuesday to dismiss charges against a defendant whose lawyer had argued that his client’s extradition from a Far East country was a result of improper political pressure brought to bear on the little … Continue reading →

Written by  Hannah Stone | Wednesday, 10 August 2011 Extradition to stand trial in the U.S., long the biggest fear of Colombian drug traffickers, could now be a softer option, offering shorter jail terms and even impunity to criminals. The first … Continue reading →

The Strauss Kahn rape case in New York City is very instructive for defendants who think they can make up a story and get away with it. A chambermaid in a New York hotel accused Strauss-Kahn, the head of the … Continue reading →

Anyone still not convinced that a defendant can get a fair jury trial in the United States? Defendant Casey Anthony’s baby was found brutally dead, duct tape over her face, the stench of her corpse in the trunk of her … Continue reading →

Question: How can Rule 20 be applied? What are the steps to follow and what would you recommend? Answer: Rule 20 of the Federal Rules of Criminal Procedure allows a defendant to have his or her case transferred from the … Continue reading →