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.
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 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