Two weeks ago, the newly-minted Attorney General, Pam Bondi, issued a newly-minted memorandum directed at federal prosecutors across the nation: General Policy Regarding Charging, Plea Negotiations, and Sentencing. The commandments echo similar memos from previous...
Habeas. It’s a twisted procedural maze. It feels like there is no escape. And a second or successive petition is even harder (nigh impossible) to win. But when is a petition successive and when is it an amendment to an original petition? If a petitioner amends the...
The Supreme Court has granted cert in Esteras v. United States, 23-7483. Section 3583(e) of Title 18 states what § 3553 factors the court can consider when revoking supervised release. The statute does not cite 3553(a)(2)(A). Mr. Esteras thus argues that a judge...
Amendments to the evidence rules took effect December 1. There is a new rule for illustrative aids that are not summary evidence. Important changes to existing rules are in bold. Here is the full text....