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Federal Postconviction Defense Blog

Federal Postconviction Defense Blog. Wednesday, January 7, 2015. Second Circuit Rules NY Statutory **** Law Not a Crime of Violence Under the Guidelines. Several sections of the United States Sentencing Guidelines Manual provide for increased offense levels when the defendant has prior convictions for crimes of violence or drug trafficking offenses. The Career Offender Guideline - USSG § 4B1.1, is perhaps the most well-known of these. 167; 4B1.2(a). Recently the Second Circuit ruled that a prior convicti...

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Federal Postconviction Defense Blog. Wednesday, January 7, 2015. Second Circuit Rules NY Statutory **** Law Not a Crime of Violence Under the Guidelines. Several sections of the United States Sentencing Guidelines Manual provide for increased offense levels when the defendant has prior convictions for crimes of violence or drug trafficking offenses. The Career Offender Guideline - USSG § 4B1.1, is perhaps the most well-known of these. 167; 4B1.2(a). Recently the Second Circuit ruled that a prior convicti...
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Federal Postconviction Defense Blog | jameshfeldman.blogspot.com Reviews

https://jameshfeldman.blogspot.com

Federal Postconviction Defense Blog. Wednesday, January 7, 2015. Second Circuit Rules NY Statutory **** Law Not a Crime of Violence Under the Guidelines. Several sections of the United States Sentencing Guidelines Manual provide for increased offense levels when the defendant has prior convictions for crimes of violence or drug trafficking offenses. The Career Offender Guideline - USSG § 4B1.1, is perhaps the most well-known of these. 167; 4B1.2(a). Recently the Second Circuit ruled that a prior convicti...

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Federal Postconviction Defense Blog: October 2014

http://www.jameshfeldman.blogspot.com/2014_10_01_archive.html

Federal Postconviction Defense Blog. Monday, October 27, 2014. It is important to have a knowledeable attorney prepare a 2255 motion. A few weeks ago, another attorney asked me to review a decision by a district court denying a defendant’s pro se. 167; 2255 motion. Although the defendant prepared and litigated the motion by himself, once the district court denied the motion, he and his family sought the assistance of an attorney to help him appeal. There are several reasons for this. Should a defendant l...

2

Federal Postconviction Defense Blog: November 2014

http://www.jameshfeldman.blogspot.com/2014_11_01_archive.html

Federal Postconviction Defense Blog. Monday, November 17, 2014. Third Circuit Finds District Court's Failure to Invite Defendant to Speak Prior to Sentencing for Violation of Supervised Release to Be Plain Error. Last month, the Third Circuit reversed a violation of supervised release based on the district court’s failure to directly address the defendant to offer him the opportunity speak in mitigation of sentence. This is required by Rule 32(i)(4)(A)(ii) of the Federal Rules of Criminal Procedure.

3

Federal Postconviction Defense Blog: Eighth Circuit Reverses Aggravating Role Ajustment

http://www.jameshfeldman.blogspot.com/2014/12/eighth-circuit-reverses-aggravating.html

Federal Postconviction Defense Blog. Friday, December 19, 2014. Eighth Circuit Reverses Aggravating Role Ajustment. The Guidelines provide for a three-level upward adjustment for an “aggravating role” in the offense where “the defendant was a manager or supervisor (but not an organizer or leader) and the criminal activity involved five or more participants or was otherwise extensive.”. USSG § 3B1.1. He Court also rejected the prosecution’s claim that the fact that the defendant expressed concern fo...

4

Federal Postconviction Defense Blog: Second Circuit Rules NY Statutory Rape Law Not a Crime of Violence Under the Guidelines

http://www.jameshfeldman.blogspot.com/2015/01/second-circuit-rules-ny-statutory-rape.html

Federal Postconviction Defense Blog. Wednesday, January 7, 2015. Second Circuit Rules NY Statutory Rape Law Not a Crime of Violence Under the Guidelines. Several sections of the United States Sentencing Guidelines Manual provide for increased offense levels when the defendant has prior convictions for crimes of violence or drug trafficking offenses. The Career Offender Guideline - USSG § 4B1.1, is perhaps the most well-known of these. 167; 4B1.2(a). Recently the Second Circuit ruled that a prior convicti...

5

Federal Postconviction Defense Blog: January 2015

http://www.jameshfeldman.blogspot.com/2015_01_01_archive.html

Federal Postconviction Defense Blog. Wednesday, January 7, 2015. Second Circuit Rules NY Statutory Rape Law Not a Crime of Violence Under the Guidelines. Several sections of the United States Sentencing Guidelines Manual provide for increased offense levels when the defendant has prior convictions for crimes of violence or drug trafficking offenses. The Career Offender Guideline - USSG § 4B1.1, is perhaps the most well-known of these. 167; 4B1.2(a). Recently the Second Circuit ruled that a prior convicti...

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Federal Criminal Defense Attorney James H. Feldman, Jr.

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. Links to other sites. This site may contain links to other Internet resources. These links are provided to you only as a convenience and are not under the control of James H. Feldman, Jr. Further, James H. Feldman, Jr., is not responsible for the contents of any linked site, or any link contained in a linked site. Website design and marketing by Integrated Technology Services, LLC.

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James H. Feldman, Jr., Attorney

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. Links to Selected Judicial Opinions. Links to Other Resources. Federal Criminal Appeals and Post-Conviction Relief: Getting the Most Out of Limited Opportunities for Relief. Navigating Post-Conviction Appeals: Leading Lawyers on Attempting to Obtain Post-Conviction Relief and Managing Client Expectations. Published in 2015 by Thomson Reuters/Aspatore. In this article, I discuss:. Direct appeals (page 7).

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Federal Criminal Plea Negotiations Lawyer | Philadelphia Federal Plea Negotiations Lawyer | Plea Negotiations Attorney | James H. Feldman, Jr.

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. It is always possible (and sometimes the best option) to plead open, i.e., to plead guilty without a plea agreement. The only time a defendant should plead open is when it is impossible to gain any advantage from a plea agreement. Most of the time, plea agreements offer both advantages and disadvantages. The key is to determine which option is likely to result in the shortest sentence. If plea negotiations ...

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Federal Criminal Consultations Lawyer | Attorney James H. Feldman, Jr.

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. I am available for consultations and to provide assistance in the following practice areas:. Prison Designations and Transfers. Rule 35 and 5K1.1 Motions. 28 USC 2255 Motions and 28 USC 2241 Petitions. Discharges for Military Conscientious Objectors. To discuss how I can help. Website design and marketing by Integrated Technology Services, LLC.

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Federal Criminal Motions Lawyer | Section 2255 Motions Attorney | Section 2241 Petitions Attorney | Philadelphia 2241 and 2255 Motions Lawyer | 28 USC § 2255 Motions and 28 USC § 2241 Petitions| Attorney James H. Feldman, Jr.

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. 28 USC 2255 Motions and 28 USC 2241 Petitions. Occasionally, the remedy provided by 2255 will be inadequate or ineffective to test the legality of [a prisoner’s] detention. In those rare instances, federal prisoners may petition for traditional writs of habeas corpus, sometimes called 2241 petitions. To discuss how I can help. What is a 2255 motion? Who can file a 2255 motion? How long does the process take?

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3rd Circuit Federal Criminal Defense Lawyer | Philadelphia Federal Criminal Defense Lawyer | Conscientious Objection Attorney | James H. Feldman, Jr. | Federal Postconviction Attorney

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. Prison Designations and Transfers. Rule 35 and 5K1.1 Motions. 28 USC 2255 Motions and 28 USC 2241 Petitions. By limiting my criminal practice to federal plea negotiations and post-conviction defense, I am able to keep up to date with these complex and rapidly changing areas of law. My office is located in suburban Philadelphia, but I handle cases throughout the United States. To discuss how I can help.

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Federal Criminal Direct Appeals Lawyer | Philadelphia Federal Appeals Lawyer | Direct Appeals Attorney | James H. Feldman, Jr.

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28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. A direct appeal is a federal criminal defendant's first and best opportunity to challenge an unjust conviction or sentence. Every defendant convicted after a trial is entitled to one direct appeal of the conviction and sentence. A defendant who pleads guilty may appeal the sentence unless he has waived that right. To discuss how I can help. Who is entitled to a direct appeal? How long does an appeal take?

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Federal Criminal Sentencing Lawyer | Philadelphia Federal Sentencing Lawyer | Criminal Sentences Attorney | James H. Feldman, Jr.

http://www.jameshfeldman.com/sentencing.html

28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. Federal sentences tend to be much longer than state sentences, and there is no parole. A defendant facing sentencing in federal court therefore needs an experienced attorney who is willing to put in the time it takes to put together a convincing case for the lowest sentence possible. My office is located in suburban Philadelphia, but I handle sentencings throughout the United States. The United States Sente...

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Federal Criminal Rule 35 and § 5K1.1 Motions Lawyer | Philadelphia Federal Rule 35 and § 5K1.1 Motions Lawyer | Rule 35 and § 5K1.1 Motions Attorney | Cooperating Defendant Attorney | James H. Feldman, Jr.

http://www.jameshfeldman.com/rule_35_and_5k_motions.html

28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. Rule 35 and 5K1.1 Motions. If you or a loved one needs an attorney who regularly represents individuals who cooperate with the government, please call (610) 649-8200, or click here to send an e-mail. To discuss how I can help. My office is located in suburban Philadelphia, but I handle federal criminal cases throughout the United States. What is a 5K1.1 motion? What is a Rule 35 motion? When the prosecution...

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Federal Postconviction Defense Blog

Federal Postconviction Defense Blog. Wednesday, January 7, 2015. Second Circuit Rules NY Statutory Rape Law Not a Crime of Violence Under the Guidelines. Several sections of the United States Sentencing Guidelines Manual provide for increased offense levels when the defendant has prior convictions for crimes of violence or drug trafficking offenses. The Career Offender Guideline - USSG § 4B1.1, is perhaps the most well-known of these. 167; 4B1.2(a). Recently the Second Circuit ruled that a prior convicti...

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3rd Circuit Federal Criminal Defense Lawyer | Philadelphia Federal Criminal Defense Lawyer | Conscientious Objection Attorney | James H. Feldman, Jr. | Federal Postconviction Attorney

28 USC 2255 Motions. And 28 USC 2241. Contact Attorney James H. Feldman, Jr. Follow me on Twitter. Prison Designations and Transfers. Rule 35 and 5K1.1 Motions. 28 USC 2255 Motions and 28 USC 2241 Petitions. By limiting my criminal practice to federal plea negotiations and post-conviction defense, I am able to keep up to date with these complex and rapidly changing areas of law. My office is located in suburban Philadelphia, but I handle cases throughout the United States. To discuss how I can help.

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