Federal Criminal Practice

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REVISION 11 HIGHLIGHTS

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

AND MORE!

Additional forms materials are available from James Publishing; access to those materials can be requested directly from James by following guidelines provided within the eBook or emailing forms@jamespublishing.com.

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