Criminal Prosecution, Sentencing, Judicial Authority

Second Circuit Rejects Challenge to Stratton Limits on Sentencing Enhancements

Patterson Belknap Webb & Tyler LLP on 7/8/2025

In United States v. Sterkaj, the Second Circuit (Cabranes, Raggi, and Nathan) vacated a sentence imposed on Klaudio Sterkaj because it represented an impermissible upward variance under United States v. Stratton, 820 F.2d 562...more

Fifth Circuit Criminal Opinions: Insights and Analyses Part IIII

Jackson Walker on 7/7/2025

Hello all. Below is the May 2025 edition of the Fifth Circuit criminal and civil case summaries, with a special focus on cases of interest to white-collar practitioners. This past month, the Fifth Circuit issued published...more

Florida Appeals Court Decisions Week of May 12 - 16, 2025

Carlton Fields on 5/19/2025

U.S. Eleventh Circuit Court of Appeals - Maron v. Fla CFO - Florida Unclaimed Property Act, taking, sovereign immunity - USA v. Solomon - sentencing, Hobbs Act - HM Fla v. Fla DBPR - obscenity, First Amendment - ...more

Recent Developments in the “Change in the Law” Reason for Compassionate Release

Zuckerman Spaeder LLP on 5/7/2025

Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that...more

Judge Rakoff Takes Aim at ‘Trial Penalty’

Lowenstein Sandler LLP on 3/12/2025

On March 10, 2025, U.S. District Judge Jed S. Rakoff of the Southern District of New York issued a decision in the case of United States v. Tavberidze, finding Section 3E1.1(b) of the United States Sentencing Guidelines in...more

Judge Donato Rejects Corporate Pleas in Capacitor Cases

Farella Braun + Martel LLP on 8/25/2017

U.S. District Court Judge James Donato, of the Northern District of California, caught the attention of criminal antitrust litigators over the last several months with his refusal to accept the guilty pleas of three...more