This video presentation discusses how criminal defense lawyers can understand illegal entry and drug courier prosecutions through the lens of critical race theory (CRT). It equips lawyers with tools to more effectively represent 1326 and drug courier clients. The presentation begins with how some of CRT's theoretical underpinnings apply to illegal entry and drug courier cases. The presenter analyzes topics such as revisionist historical perspectives, intersectionality, and racial stratification, among others. He describes how these concepts apply to practice and discusses a CRT-based approach to representation at initial appearance, bail hearings, preliminary hearings, disclosure review, voir dire, opening statement, and closing argument.

This session will discuss strategies for pre-trial litigation to prepare for trial in as well as strategies for in-trial litigation in RICO cases. This will include a discussion of pre-trial motions, expert witnesses, jury instructions and motions in limine as well as a discussion of pertinent RICO case law.

Tired of simply begging the federal prosecutor for the discovery and materials you need? This session will explore the advantages to taking a proactive, rather than a passive, approach to using multiple pretrial motions in combination with third party subpoenas to get more of the discovery and evidence you need. Learn from the combined perspective of a trial lawyer and a death penalty postconviction attorney about other avenues, in addition to Rule 16, to obtain discoverable evidence that might be helpful if considered while mounting a defense to any federal criminal prosecution.

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

Last term, in Carpenter v. United States, the Supreme Court continued its recent trend of recognizing that "digital is different" when it comes to the Fourth Amendment. This session will discuss the Supreme Court's recent technology-related cases with a focus on Carpenter, its narrow holding and broad reasoning, and doors that may now be open for successful Fourth Amendment challenges.

In this era of persistent hacks and little, if any, privacy of your data, where does Title III wiretapping fit in? It now seems quaint that the Supreme Court stated in its landmark case which led to the enactment of the current wiretapping statutes, “[f]ew threats to liberty exist which are greater than that posed by the use of eavesdropping devices.” Berger v. United States, 388 U.S. 41, 63 (1967). Wiretap litigation is a complex, multilayered process. Questions arise regarding the unique discovery production obligations of the government in these cases as well as questions about whether the government properly sought, minimized, maintained and sealed the recordings. Did they seek proper extensions for the continued interception of the electronic recordings? And, of course, was there probable cause and ‘requisite necessity’ to seek the interceptions? These issues and how to litigate them will be discussed. 

• Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
• Fingerprints: Understanding & Challenging Science
  
• Firearm and Toolmark Identification
• Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
  
• The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
• Attacking and Understanding DNA 
• Defending Against Armed Career Criminal & Career Offender Designations
  

• Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
• Fingerprints: Understanding & Challenging Science
  
• Firearm and Toolmark Identification
• Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
  
• The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
• Attacking and Understanding DNA 
• Defending Against Armed Career Criminal & Career Offender Designations
  

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

Hearsay and character evidence are amongst the most important concepts in evidence. Unfortunately, the state of the law for both concepts can seem muddled and disjointed. If you find yourself wondering whether a statement is hearsay or not, or if you just want to brush up on your evidence, this lecture is for you. You will walk out of this presentation with an approach to hearsay and character evidence that is simple, practical and that you will be able to apply at your next trial.

Sometimes, a picture is worth a thousand words. This session will address the elements of the effective use of audio-visual aids in litigation

This session will address how to challenge pattern-recognition evidence/examiners, focusing on attacking the assumptions made by examiners and exposing the lack of a scientific basis when claims of individualization are made. With the findings in two National Academy of Sciences (NAS) Reports, there is now authority to use when attacking such forensics. No longer can we merely accept the notion that examiners can individualize latent fingerprints and markings on bullets/casings by detecting "unique" characteristics, particularly when both are usually damaged and partial. If you cannot exclude it, where there is a lack of standards for identifying and quantifying so-called individualizing characteristics and a lack of statistical bases for declarations of a match, the jury must be taught that these "experts" are wearing the Emperor’s new clothes when they subjectively declare "I know it when I see it.

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

The credibility and believability of alleged co-conspirators or cooperating informants is often central to the prosecution’s proof against defendants going to trial.  This session offers an insightful overview of pretrial investigation and cross-examination techniques when defending a client whose liberty hangs in the balance based primarily on whether a jury believes the testimony of a co-conspirator or informant.

The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.

The following Winning Strategies presentations were recorded and are available for viewing:

• Impeaching Testifying Witnesses
• Important Issues to Consider When Defending Clients in Child Porn Cases
• How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
• Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
• Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
• Opening Statements:  Winning It Now -- Winning It Here
• "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
• Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

Demonstrative evidence is anything and everything, regardless of whether admissible or even offered as evidence.  This includes attorney/client/witness demeanor in the courtroom, which tends to convey to and evoke from the jury a "sense impression" that will benefit our case, whether through advancing our case in chief or diminishing the prosecution’s case.  This session will show you how to use everything and anything to further your defense case to the jury.

The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.

The following Winning Strategies presentations were recorded and are available for viewing:

• Impeaching Testifying Witnesses
• Important Issues to Consider When Defending Clients in Child Porn Cases
• How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
• Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
• Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
• Opening Statements:  Winning It Now -- Winning It Here
• "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
• Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

What a confused, possibly fearful, jury needs, wants and deserves from you, its orientation leader.  Opening statements establish the context in which the jurors will interpret all of the evidence they hear during the trial.  Learn how to use this opportunity to communicate your theory of defense to the jury.

The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.

The following Winning Strategies presentations were recorded and are available for viewing:

• Impeaching Testifying Witnesses
• Important Issues to Consider When Defending Clients in Child Porn Cases
• How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
• Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
• Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
• Opening Statements:  Winning It Now -- Winning It Here
• "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
• Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

This session explores the concept that there are no typical or normal drug and gun cases. But there are tools which will be discussed to help expose the government’s motivation to bring the case.

Experts can help courts and juries understand the importance of race in various areas that impact clients’ life experiences both prior to and within the context of the criminal justice system.This presentation will focus on how to recognize the need for such experts and how to obtain funding for their services.

Way back in 1954, the Supreme Court acknowledged the “informant’s privilege,” allowing the government to withhold the identities of behind-the-scene tipsters. More than a half-century later, that game has changed. Often invoking concerns about witness safety, the government is now concealing the names of even eyewitnesses to the charged crime. And sensitive to witness safety, our courts are inclined to aid-and-abet that concealment. What can we do? The federal rules regarding what is due, when, are fuzzy, and local discovery practice varies from district-todistrict. So this program doesn’t promise one-size-fits-all answers. And it’s not about early production of witness lists. Instead, it hopes to diagnose a problem: the government’s sometimes unconstitutional interference with the defense function. Acknowledging a difference between all that what we want and what we truly need, this program envisions a withinsession dialog about getting what we need.

A discussion of how to negotiate a plea, with a particular focus on providing charge alternatives that limit a client's exposure, and avoiding pitfalls as you guide your client through proffers to the government.  

These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences.

The following Winning Strategies presentations were recorded and are available for viewing:

• Other Computer Crimes - Child Pornography Isn't The Only Game in Town
•  Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
• Introduction to Defending Computer Based Child Pornography Cases
• Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Mitigation Experts/Tools/Tricks/Fireworks
• Determining "Crimes of Violence" & "Violent Felonies"
• The ABC's of Computer Crimes' Forensics
• Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 

The Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday.

The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing:

• Bail Reform Act
• Plea Negotiations and Proffers

These presentations were recorded January 12 -14 2017, during the Winning Strategies Seminar and Fundamentals of Federal Criminal Defense Training in Long Beach, California.

Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretiral, trial, sentencing and appellate relief in a wide variety of federal cases.

The 2010 Guideline amendments specifically set forth sentencing possibilities which may serve as an alternatives to incarceration. Alternatives such as treatment for substance abuse and mental health conditions as well as departures for age, physical condition (including substance abuse), mental and emotional conditions, and military service must be revisited and offered up to the sentencing court as appropriate alternative options to fulfill the sentencing requirements set forth in 18 U.S.C. § 3553(a). This session will explore the practical implications of the amendments and ways to advocate for options which move away from incarceration.

• Other Computer Crimes - Child Pornography Isn't The Only Game in Town
  
•  Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
• Introduction to Defending Computer Based Child Pornography Cases
  
• Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
  
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
  
• Mitigation Experts/Tools/Tricks/Fireworks
  
• Determining "Crimes of Violence" & "Violent Felonies"
  
• The ABC's of Computer Crimes' Forensics
  
• Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 

• Bail Reform Act
  
• Plea Negotiations and Proffers

No single sentencing calculation inflicts more harm than a determination that a client’s previous conviction(s) qualifies as a "crime of violence" or "violent felony." Such a finding exposes the client to huge guideline offense-level enhancements and/or to increased statutory minimum sentences. But recent Supreme Court jurisprudence in Johnson, James, and Begay has significantly empowered defense counsel to combat these designations. This session will teach you how to determine whether a previous conviction actually qualifies as a crime of violence or violent felony and how to defend against any such erroneous characterization.

• Other Computer Crimes - Child Pornography Isn't The Only Game in Town
  
• Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
• Introduction to Defending Computer Based Child Pornography Cases
  
• Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
  
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
  
• Mitigation Experts/Tools/Tricks/Fireworks
  
• Determining "Crimes of Violence" & "Violent Felonies"
  
• The ABC's of Computer Crimes' Forensics
  
• Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 

• Bail Reform Act
  
• Plea Negotiations and Proffers

• Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
• Fingerprints: Understanding & Challenging Science
  
• Firearm and Toolmark Identification
• Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
  
• The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
• Attacking and Understanding DNA 
• Defending Against Armed Career Criminal & Career Offender Designations
  

• Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
• Fingerprints: Understanding & Challenging Science
  
• Firearm and Toolmark Identification
• Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
  
• The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
• Attacking and Understanding DNA 
• Defending Against Armed Career Criminal & Career Offender Designations
  

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

The key to mastering the application of the federal sentencing guidelines, and then avoiding the full brunt of what they call for, is understanding their fundamentals: the theories upon which they operate. A solid grasp of those fundamentals is equally important to helping clients better understand their place on the sentencing table. This session focuses on a big picture understanding of the guidelines. It is ideal for the less seasoned federal practitioners, but useful as a refresher for everyone.

Working from the fundamentals that were the focus of the earlier session, this hour will explore particular aspects of guideline application. As importantly, time will be devoted to mitigating the guidelines: effectively communicating to the sentencing judge how and why, on case-specific terms, the correct calculation of a client’s offense level and criminal history score produces a recommended sentence greater than necessary to serve the goals of federal sentencing.

Does it seem like nothing is a crime of violence but everything is a controlled substance offense? In this session, we will share legal challenges to the characterization of offenses as controlled substance offenses (Guidelines), felony drug offenses (851), and serious drug offenses (ACCA). More ways to save your client years, even decades, in prison.

“I love the categorical approach!” – said no federal practitioner (or court), ever. The categorical approach has been a thorn in our sides since it was created by the Supreme Court in Taylor v. United States, 495 U.S. 575 (1990). From the Armed Career Criminal Act, to Section 924(c); from the career offender guideline, to child pornography sentencing enhancements, the categorical approach cannot be avoided. But while it may be here to stay, this analytical framework has proven to be one of our greatest tools to achieve substantive relief for our clients. In this interactive presentation, attendees will work through each step of the categorical and modified categorical approach analyses. The presentation will place particular emphasis on post-Mathis issues of statutory divisibility and the use of Shepard-approved documents. Attendees will leave this session with a greater comfort in employing the categorical approach, will be able to identify common missteps and opportunities for advocacy, and will perhaps even leave with some fondness for the framework so many have grown to hate.

• Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
• Fingerprints: Understanding & Challenging Science
  
• Firearm and Toolmark Identification
• Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
  
• The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
• Attacking and Understanding DNA 
• Defending Against Armed Career Criminal & Career Offender Designations
  

This session will provide practical tips if your client faces federal imprisonment. It will include factors to consider for your client to obtain a federal sentence at the least restrictive possible facility and receive the earliest feasible release date.

All is not as it seems when it comes to computers. Is what you see on the screen really there? And how did it get there? Does it belong to your client? Who put it there and when did it get there? These questions may be key to your defense. This session addresses those and similar issues that arise in cases involving computers.

• Other Computer Crimes - Child Pornography Isn't The Only Game in Town
  
• Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
• Introduction to Defending Computer Based Child Pornography Cases
  
• Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
  
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
  
• Mitigation Experts/Tools/Tricks/Fireworks
  
• Determining "Crimes of Violence" & "Violent Felonies" 
  
• The ABC’s of Computer Crimes' Forensics
  
• Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 

• Bail Reform Act
  
• Plea Negotiations and Proffers

• Motions In Limine: New Areas of Attack When At the Threshold
  
• Computer Forensics 101
  
• Peer-to-Peer Crimes and Investigations: An Overview
  
• 3553(a): Two Stories, One Goal
  
• Defending Those Who Defend Us - Considerations When Defending Veterans
  
• Defending Against Sentencing Enhancements in Immigration Case
  
• Sentencing: Deconstructing Drug Guidelines

Law enforcement’s tracking of cell phones has become a powerful and widely used surveillance tool for both federal authorities and local police alike, with hundreds of departments aggressively tracking cell phones with little to no court oversight. The practice of tracking cell phones and smartphones has become big business for companies with some carriers marketing a host of services to law enforcement for “surveillance fees.” That smartphone in a client’s pocket may be able to determine a suspect’s location, trace phone calls and texts, or provide other services to inquiring law enforcement. Some in law enforcement describe these devices as “the virtual biographer of our daily activities.”  Yet, there are pitfalls, misleading data and misunderstood technology which may lead to erroneous conclusions by law enforcement and attorneys alike. This discussion will get attorneys started on learning the lay of the land and help attendees understand the issues, the technology and the problems with over reliance on these “virtual biographers.”

The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.

The following Winning Strategies presentations were recorded and are available for viewing:

• Impeaching Testifying Witnesses
• Important Issues to Consider When Defending Clients in Child Porn Cases
• How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
• Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
• Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
• Opening Statements:  Winning It Now -- Winning It Here
• "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
• Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

This interactive session will discuss the key Rules of Professional Conduct that should guide attorneys when collecting and using social media, subpoenas, cell phone data, and anything else you can find to destroy the government’s key witness—the snitch.

• Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool

• Litigation Tactics and Defending A Mortgage Fraud Case

• Discovery and Challenges to Crime Labs

• How a Criminal Conviction Will Impact Your Client's Future Immigration Status

• Defending Against Charges of Alien Smuggling, Alien Transportation, and Alien Harboring

• Supreme Court Update

• Identity Theft

• Isms and Schisms - How We Unknowingly Make Decisions Which Impact Our Cases

• Recognizing and Confronting Mental Health Issues

• The Nuts and Bolts of Trying Firearms Cases

• Panel Discussion "Ethical Issues Confronting Criminal Defense Attorneys"

• Discovery Issues With a Twist – Rule 16 and More

• Introduction to the Federal Sentencing Guidelines (Sentencing Guidelines 101)

• Practical Tips if Your Client Faces Incarceration in a Federal Prison

According to the Centers for Disease Control and Prevention (CDC), Fetal Alcohol Syndrome Disorders (FASD) is a group of conditions that can occur in a person whose mother drank alcohol during pregnancy.  The recently published DSM-5 recognized FASD as a neurodevelopmental disorder (i.e., Neurodevelopmental Disorder associated with Prenatal Alcohol Exposure, or ND-PAE).  FASD includes a range of disorders that depend on the type of symptoms the person experiences, including:  Fetal Alcohol Syndrome (FAS); Alcohol-Related Neurodevelopmental Disorder (ARND); and Alcohol-Related Birth Defects (ARBD).  Because as many as 60 percent of those with FASD have a history of trouble with the law — with the average age of initial juvenile justice system contact being 12.8 years — the ABA recently called for enhancing FASD awareness among lawyers and judges, including the value of interdisciplinary collaboration to better help those with these conditions.  Learn more about the part FASD may play in your case.

The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.

The following Winning Strategies presentations were recorded and are available for viewing:

• Impeaching Testifying Witnesses
• Important Issues to Consider When Defending Clients in Child Porn Cases
• How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
• Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
• Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
• Opening Statements:  Winning It Now -- Winning It Here
• "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
• Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

• Padilla and Attorneys' Obligations When Advising Clients
• The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
• Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
• Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
• Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
• CJA Resources
• Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
• Laboratory Reports Received in Discovery
• Critical Issues to Consider When Defending Immigration Matters
• Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
• Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
• Developing a Theory and Theme Driven Trial Strategy
• Openings
• Computerized Presentations in the Courtroom
• Ethical Issues Confronting Criminal Defense Attorneys

As cases continue to grow complex with more discovery and information regarding the guilt phase as well as the sentencing phase, the services of a trained and dedicated investigator can be invaluable. Hear from a long time indigent defense investigator about the road map towards a successful investigation in all phases of a CJA case. An attorney will join the discussion of how the investigator can assist throughout the life cycle of a case, including quickly locating and interviewing witnesses, obtaining information from digital and paper records and seeking out information that can be important factors for the court to consider at sentencing. The discussion will include information about how to obtain funding for investigative and other expert services.

• Motions In Limine: New Areas of Attack When At the Threshold
  
• Computer Forensics 101
  
• Peer-to-Peer Crimes and Investigations: An Overview
  
• 3553(a): Two Stories, One Goal
  
• Defending Those Who Defend Us—Considerations When Defending Veterans
  
• Defending Against Sentencing Enhancements in Immigration Case
  
• Sentencing: Deconstructing Drug Guidelines