Legal Blog

A Novel Criminal Offense for the Novel Coronavirus: Hoarding and Price Gouging Under the Defense Production Act

Hoarding or charging excessive prices for precious medical supplies during a public health emergency can earn you social opprobrium but did you know it could send you to prison as well? In our capitalist society, we don’t normally think of such things as charging inflated prices as criminal matters – your customers will punish you themselves by going to the competition.  However, when the merchandise

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The Ins and Outs of Misdemeanors in Federal Court

We often think of federal criminal prosecutions as the most serious of all cases but are there federal misdemeanors as well?   The answer is yes, misdemeanors are routinely prosecuted in U.S. District Courts alongside the major felonies.  Federal prosecutors have hundreds of potential misdemeanor charges in their arsenal – everything from familiar offenses like theft to arcane and little known offenses such as Unlawful

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Eugene Gorokhov and Ziran Zhang secure reversal for client on appeal in the Fourth Circuit

Eugene Gorokhov and Ziran Zhang represented a client convicted of firearms offenses on appeal in the Fourth Circuit. The Fourth Circuit reversed the client’s sentence based on an argument that the government’s sentencing recommendation was a breach of the plea agreement, and the district court failed to consider non-frivolous sentencing arguments by the defense. The opinion may be accessed here.

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Charles Burnham speaks on CNN regarding Maria Butina prosecution

On April 25, 2019, Charles Burnham was quoted on a CNN.com article describing the case against Maria Butina. Mr. Burnham was quoted as stating: “I think if I was Miss Butina’s defense team or I was the judge, a legitimate question to ask is how is it fair she spends two years in prison when an American citizen, who was arguably a

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A Closer Look at First Step Act Changes to 851 Enhancements

The First Step Act is a criminal justice reform bill that has passed the House of Representatives and is awaiting a vote in the Senate.  It has been endorsed by President Trump. The bill covers lots of subjects but one important one is changes to enhancements for repeat drug offenders.  Defense lawyers and federal prosecutors often refer to these as “851 enhancements” after the

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FAQ – Obtaining Exculpatory Evidence From The Prosecution in Criminal Cases

What is exculpatory evidence? The United States Supreme Court has held that exculpatory evidence is any evidence that is favorable to the defendant on issues of guilt or punishment. Exculpatory evidence is also sometimes called “Bradyevidence” or “Bradymaterial,” a name that comes from the Court’s decision in Brady v. Maryland. Does the defendant have a right to exculpatory evidence from

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