by Lorraine Gauli-Rufo | Sep 25, 2023 | Uncategorized
In United States v. Wynns, 2022 U.S. Dist. LEXIS 40531 (2022), the District Court of New Jersey affirmed apportioned restitution. The Mandatory Victim Restitution Act (“MVRA”), 18 U.S.C. § 3663A, requires district courts to order restitution in certain cases. Section... 
by Lorraine Gauli-Rufo | Sep 6, 2023 | Uncategorized
Habeas Update SCOTUS In June of this year, the Supreme Court ruled on a case related to habeas corpus. More specifically, in Jones v. Hendrix, the Supreme Court discussed habeas relief under 28 U.S.C. § 2241 when a subsequent (or second) motion under 28 U.S.C. § 2255... 
by Lorraine Gauli-Rufo | Aug 28, 2023 | Uncategorized
The Federal Rules of Evidence state that admissions by a party-opponent can be introduced in court. This may include relevant text messages, social media posts, and statements made to the media. In order for evidence derived from social media platforms to be... 
by Lorraine Gauli-Rufo | Aug 21, 2023 | Uncategorized
The Supreme Court issued two opinions limiting the scope of federal fraud statutes that prohibit “honest services fraud” in Ciminelli v. United States and Percoco v. United States. 18 U.S.C. § 1346 states, “a scheme or artifice to defraud includes a scheme or artifice... 
by Lorraine Gauli-Rufo | Aug 18, 2023 | Uncategorized
In United States v. Taylor, the Supreme Court held that attempted Hobbs Act robbery does not qualify as a “crime of violence” under 18 U.S.C. §924(c). Under 18 U.S.C. § 924(c)(3), “crime of violence” is defined as a felony offense and “has an element the use,... 
by Lorraine Gauli-Rufo | Jul 31, 2023 | Uncategorized
On June 8, 2023, the Supreme Court decided Dubin v. U.S, 599 U.S. ___ (2023), which dealt with the applicability 18 §1028A(a)(1), the federal aggravated identity theft statute, which has a two-year mandatory minimum prison sentence. The Government uses it frequently...
