A group of Chinese nationals has pleaded guilty to conspiring with U.S. citizens to enter into sham marriages with foreign nationals for purposes of evading immigration laws. Citizens were each paid $25,000 for their marriage to the foreign nationals. Conspiracy carries a five-year statutory maximum penalty. https://www.justice.gov/usao-nm/pr/naturalized-us-citizen-residing-albuquerque-pleads-guilty-federal-marriage-fraud-charge
Author: Mark Allenbaugh
Mark Allenbaugh serves as President and Chief Research Officer of SentencingStats.com, Inc.. He is a former staff attorney for the U.S. Sentencing Commission, and a co-editor of "Sentencing, Sanctions, and Corrections: Federal and State Law, Policy, and Practice" (2nd ed., Foundation Press, 2002). Mark is widely regarded as a national expert in Federal sentencing guidelines, analysis and strategy.
Fifth Circuit Remands in Restitution Matter
On October 19, 2017, in a per curiam decision, the Fifth Circuit reversed a restitution award where the purported victim had received the services contracted for. In so holding, the Fifth Circuit noted that restitution was not punitive in nature. This is in conflict with some circuits that hold restitution is punitive in nature. The
Seventh Circuit Reverses Denial of Ineffective Assitance of Counsel Claim
On October 20, 2017, the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s denial of a defendant’s claim that his attorney provided ineffective assistance of counsel by failing to inform the defendant of a plea offer for 15 years in a sex trafficking case. The defendant went to trial, lost, and
Near Record Sentence in Tax Fraud Case
On October 20, 2017, in a published opinion, the U.S. Court of Appeals affirmed a 51-month sentence for a defendant who was convicted by a jury of using a scheme involving the purchase of hundreds of money orders to evade taxes on income from her business. From 2006-2016, there were 4,983 individuals sentenced under the tax
“When Prisons Become Nursing Homes”
This article discusses the growing population and expense of housing elderly inmates. Currently, the U.S. Bureau of Prisons houses over 10,000 inmates aged 60 or older. Recent audits by the Inspector General indicate that the BOP has woefully inadequate resources to deal with the elderly inmate population. http://reason.com/archives/2017/10/22/when-prisons-become-nursing-ho
Halfway Houses Being Cut
Prisoners Face Uncertainty As Number Of Halfway Houses Are Cut by Carrie Johnson NPR – October 20, 2017 [Copyright 2017 NPR]… http://www.npr.org/2017/10/20/559134568/prisoners-face-uncertainty-as-number-of-halfway-houses-are-cut?sc=17&f=1003&utm_source=iosnewsapp&utm_medium=Email&utm_campaign=app
6th Cir. Reverses 18-Month Sentence as Unreasonable
On October 11, 2017, the U.S. Court of Appeals for the Sixth Circuit reversed an 18-month sentence imposed on a 71-year-old defendant who was addicted to drugs and had violated the terms of his supervised release. The district court erroneously relied on an uncorroborated statement by the government that drug addicts required 18 months of
DC Circuit Holds FOIA not Waiveable
The DC Circuit Court of Appeals held last August that FOIA waivers in plea agreements are unenforceable as a matter of public policy. As the Court recognized, sometimes FOIA is the last best option for criminal defendants to obtain proof that their convictions or sentences are unconstitutional due to ineffective assistance of counsel. FOIA provides
Duck Hunting Guide Fined $25,000
Jeffrey M. Anderson, Acting United States Attorney for the Western District of Wisconsin, announced that Jeremy Schreiner, 33, Durand, Wis., was sentenced yesterday in U.S. District Court in Madison for violating the Lacey Act during guided duck hunts on the Upper Mississippi River National Wildlife Refuge. According to an indictment filed on April 19, 2017,
Serial Fraudster Scholar to Receive Five Years’ Probation
Cayva Chandra pleaded guilty yesterday to one count of student loan fraud. She had submitted forged letters of recommendation and forged transcripts to several institutions of higher learning including Cornell University. Cornell caught and expelled her, but she was able to fraudlently enroll at Indiana Univeristy-Purdue University at Indianapolis. She then completed her bachelor’s degree