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sentence Archives

General Flynn: Accepting Responsibility Verbally, but Offering Excuses in Writing – What Not to Argue in a Sentencing Memo

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Michael Flynn, Russia Investigation, Cooperating, Cooperating Plea Agreement, Sentencing, Sentence on Tuesday, December 18, 2018

In the multiple investigations surrounding the Trump presidency and his administration, former National Security Advisor, General Michael Flynn, pled guilty to lying to the FBI and cooperated with the government. He cooperated ostensibly to earn a “substantial assistance letter” and downward departure motion, which is filed by the government on a defendant’s behalf to seek a sentence below the advisory U.S. Sentencing Guidelines’ range, in this case 0 – 6 months.

Tags: Michael Flynn, Russia Investigation, Cooperating, Cooperating Plea Agreement, Sentencing, Sentence

Cooperation in the Federal System – Paul Manafort, a Study of What Not to Do

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Paul Manafort, Prosecution, Federal Criminal Trial, Cooperating, President Trump, Federal Investigation, Sentencing, Sentence on Wednesday, November 28, 2018

Much has been written about Paul Manafort’s conviction at his first trial, the potential decades long sentence, and his sudden plea and cooperation deal shortly before his second trial was scheduled to begin. This sequence of events alone is unusual as most defendants decide to cooperate in an effort to reduce their potential sentence well-prior to trial. Moreover, most federal prosecutors do not want to cooperate with a defendant who has contested charges, gone to trial and lost. Most unusual, and damaging to Manafort, is his apparent violation or beach of the cooperation agreement by his alleged lies to the government.

Tags: Paul Manafort, Prosecution, Federal Criminal Trial, Cooperating, President Trump, Federal Investigation, Sentencing, Sentence

When An Attorney’s Advice About the “Risk” of Immigration Consequences May Constitute Ineffective Assistance of Counsel

By Laura K. Gasiorowski Esq., NJ & NY Criminal Defense Lawyer posted in Deportation, Non-Citizens, Noncitizens, Immigration, Criminal Law, Criminal Defense, Guilty Plea, Sentencing, Sentence on Monday, September 25, 2017

Criminal defense attorneys representing non-citizen defendants are obligated to provide advice regarding the immigration consequences of a plea or guilty verdict.  The Supreme Court’s decision in Padilla made it clear that failure to do so constitutes ineffective assistance of counsel. 

Tags: Deportation, Non-Citizens, Noncitizens, Immigration, Criminal Law, Criminal Defense, Guilty Plea, Sentencing, Sentence

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