Category Archives: Criminal Law Blog

DUI while not under the influence?

DUI while not under the influence? Executive John Smith, an executive at Golden Sax, a global financial management company travels from his home in Salt Lake to Denver for a meeting. While in Denver he takes in a Broncos game and decides to smoke a little marijuana- legally purchased and legally smoked under Colorado State…
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Government Searches and Cell Phones

In light of the new OS and Apple iPhone 6 release I thought it would be appropriate to quickly write about our cell phones and privacy. I along with many people have been eagerly waiting for the iPhone 6 and have been looking forward to strolling over to the Apple store at the City Creek…
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Riley v. California: Search Warrants for Cell Phones

In June of this year, the United States Supreme Court in Riley v. California, 134 S.Ct. 999 (2014), unanimously held that search of a cell/smart phone requires a warrant. The Court affirmed that 4th amendment protections regarding privacy apply to cell/smart phones and that search of a cell phone is not a reasonable search incident…
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Possible Amendments to Fraud Guidelines

There has been a recent shift by the Sentencing Commission regarding sentencing for non-violent drug offenders as evidenced by changes to the drug quantity table. It appears that that changes to the fraud guidelines are also in the works. After a long period of increasing penalties for economic crimes, the United States Sentencing Commission on…
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Sentencing Guidelines Reduces Drug Quantity Down

In April of this year, the United States Sentencing Commission voted on an amendment to the Sentencing Guidelines which reduces the drug quantity table down two levels.The offense levels in the drug quantity table at 2D1.1 and the precursor table at 2D1.11 are reduced by 2 levels. This amendment takes effect on November 1st. Defense…
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