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Last month the United States Court of Appeals for the Third Circuit (overseeing district courts in Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Island), took the extraordinary step of overturning a federal white-collar money laundering conviction. In doing so, the court limited the government’s ability to simply tack on § 1956 money laundering to major fraud cases. The case, United
The Court of Appeals for the D.C. Circuit recently issued an opinion clarifying the procedures for a wrongly-accused person to seek a certificate of innocence. Such a certificate is required if that person is to be compensated for undeserved prison time. The Court of Appeals suggested that federal judges in the District of Columbia should hold an evidentiary hearing. If
On July 20, 2021, the U.S. Court of Appeals for the Fourth Circuit decided Appeal Number 20-4120, United States v. Alan Williams. Judge Rushing wrote for the Court. Judges Agee and Harris joined the opinion. In itself, the Court’s decision is not particularly interesting. Rather, what we find remarkable about it is how it illustrates the contrast between how courts
On July 21, 2021, the Court of Appeals for the Fourth Circuit decided Appeal Number 19-4466, United States v. Marysa Renee Comer. Judge Wynn wrote for the Court. Judges Keenan and Thacker joined the opinion. In a sentence, the Court approved a condition of supervised release that prohibited use of social media with permission from the U.S. Probation Office. This
Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law. The case arose when police stopped a car at roughly
By Jonathan Knowles – We have previously examined United States v. Van Buren, then pending before the Supreme Court of the United States. On June 3, 2021, the Supreme Court issued its opinion interpreting the Computer Fraud and Abuse Act of 1986. The Court limited violations of the Act to access of information that a person is never authorized to
We have previously covered the SCOTUS’s interesting decision to grant certiorari in Van Buren v. United States – a criminal case where the petitioner has appealed his conviction under the Computer Fraud and Abuse Act (CFAA). The case is potentially significant because the lower court’s interpretation of the CFAA, defended by the government on appeal, would criminalize large swaths of
The Fifth Amendment’s Self Incrimination clause prohibits the use of a defendant’s compelled statements at trial. Does this prohibition also apply at the preliminary hearing? That is the question the Supreme Court sought to answer in City of Hays v. Vogt. Background on City of Hays v. Vogt In City of Hays v. Vogt, Vogt, a police officer, was offered
Last year, the Supreme Court heard oral argument in Dimaya v. Lynch, which we covered in a previous blog post. To recap, Dimaya asked whether one part of the statutory definition of a “crime of violence” under 18 U.S.C. § 16(b) was unconstitutionally vague, in light of the Supreme Court’s earlier Johnson decision striking down a similar definition for “violent
Last Tuesday, the Supreme Court heard oral argument in Lynch v. Dimaya, a case challenging the constitutionality of 18 U.S.C. § 16(b), which defines the term “crime of violence.” As a firm, we frequently encounter these issues in our practice, and as a result have been closely following the Dimaya case. You can read our post: “Violent Felony” And “Crime
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