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Federal Criminal Defense Archives

Parents of epileptic children face federal prosecution for CBD

As more states legalize marijuana for medicinal and recreational purposes, marijuana users, growers, and retailers are becoming mainstream. Unfortunately, while states have lax laws, the Federal government of the United States still considers marijuana to be a Schedule I substance. This means that those who violate federal marijuana laws by purchasing out of state marijuana, mailing marijuana or marijuana extracts to customers, or transporting marijuana across state lines can still face federal prosecution and steep penalties, even if they are complying with state law.

Federal Criminal Defense - United States Sentencing Guidelines

  In handling any Federal Criminal Defense case, make sure that the attorney you select is educated on the United States Sentencing Guidelines ("USSG").  Unlike State practice, defendants are usually subjected to much more sever and lengthy prison sentences in the federal system and the USSG play a significant role in a defendant's ultimate sentence.

Federal Criminal Defense - Common Law Robbery not a violent felony

Federal Criminal Defense law update.  On May 18, 2016, A significant case was decided regarding North Carolina common law robbery and the application of the ACCA.  The Fourth Circuit Court of Appeals reversed and remanded for sentencing the case of United States v. Gardner.  The Court held that a prior North Carolina State conviction for common law robbery is not a crime of violence and as such Mr. Gardner was not an Armed Career Criminal.

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