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Effective Assistance of Counsel and Plea Bargaining

In a pair of cases decided on March 21, 2012, the United States Supreme Court addressed the Sixth Amendment right to the effective assistance of counsel as it applies to plea negotiations. In addition...

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New York Times Editorial on Appellate Waivers

The New York Times printed an editorial discussing the “appellate waiver” provision included in many plea agreements in Federal cases. These provisions state that a defendant will not appeal their...

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AG Sessions Directs Federal Prosecutors to Pursue Most Severe Charges and...

As detailed in this press release, Attorney General Jeff Sessions has directed federal prosecutors to “charge and pursue the most serious, readily provable offense,” which are the offenses “that carry...

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Basing a Term of Supervised Release on the Need for Retribution Is Plain Error

Burden and a co-defendant were both convicted after a jury trial of, among other things, racketeering, violent crimes in aid of racketeering, and a cocaine conspiracy. Both were sentenced to life...

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