Federal Criminal Practice

Pretrial release strategies, alternatives to prosecution, discovery angles, plea bargaining and agreement suggestions, sentence negotiation tactics, recent case-based examples, dozens of pretrial motions with memoranda, hundreds of practice tips, and much more.
Publisher: James Publishing

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This new edition of Federal Criminal Practice includes new and updated text and case law throughout the book. The highlights include expanded coverage of:

Pretrial Release

  • How to raise a constitutional challenge to the residual clause

Removal Proceedings

  • New Form: Waiver of Rights (Out of District Cases) (for use in waiver of identity hearings)

Grand Jury Proceedings, specifically Custodian of Records issues

  • Custodian’s assertion of Fifth Amendment privilege
  • Authentication and admissibility issues
  • How to respond to the government’s offer to provide a declaration that the custodian may sign in lieu of testifying

Pretrial Discovery

  • Whether district courts can issue sanctions for violation of discovery obligations not specifically imposed by Rule 16
  • Timing of disclosure of information that is both Jencks and Brady material
  • An individual’s expectation of privacy in the record of his physical movements, as captured through cell-site location information

Guilty Plea Agreements and Plea Bargaining

  • Substance and practical impact of the Sessions Memo (including a copy of the Memo)
  • Enforceability of a broad swath of waivers commonly contained in standard form plea agreements and whether these waivers violate public policy
  • Scope and enforceability of waivers of appeal – circuit by circuit review

Sentencing

  • Appellate court’s discretion to vacate a sentence when the lower court miscalculated the Guidelines range
  • Grounds for variation from the Guidelines under 18 U.S.C. §3553(a):
  • In economic crime cases, when a significant enhancement based on monetary loss may overstate the seriousness of the crime; or
  • When defendant faces a mandatory minimum for a separate offense that will require the court to impose a steep sentence
  • Practical impact of the amendment to the commentary to §3E1.1 of the Guidelines, stating that “a defendant who makes a non-frivolous challenge to relevant conduct is not precluded for consideration for a reduction” under acceptance of responsibility.
  • Career Offender Guidelines; the evolving definition of a “crime of violence” under the Armed Career Criminal Act; and how to challenge a “crime of violence” determination, depending on whether the instant offense was committed before or after 8/1/16
  • Modification or reduction: Conditions allowing for compassionate release

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Table of Contents

Chapter 1 Pre-Trial Discovery and Motion Practice
Chapter 2A Jury Selection: A Storyteller’s Approach
Chapter 2 Jury Selection: The Juror Elimination Approach
Chapter 3 Opening Statements
Chapter 4 Cross-Examination
Chapter 5 Preparation of Defense Witnesses and Direct Examination
Chapter 6 The Client’s Testimony
Chapter 7 Closing Arguments
Chapter 8 Demonstrative Evidence
Chapter 9 Driving Under the Influence of Drugs
Appendix A The District Attorney’s Manual
Appendix B Deposition of Dr. Marceline Burns
Appendix C Arrest Video Analysis Form
Appendix D Comprehensive Discovery Request to Laboratory in Blood Case
Appendix E Framing Techniques
Appendix F Important Articles, Books and Other Writings for DUI Defense