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Article • August 1, 2025 • from CLN August, 2025
The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform by David Kim As state after state abandons the failed experiment of marijuana prohibition, a critical public safety challenge remains largely unaddressed: how do we accurately and fairly identify individuals whose cannabis use has rendered them dangerously impaired …
Article • May 15, 2025 • from CLN June, 2025
Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence by David Reutter The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the District of South Carolina committed procedural error …
Fingerprints as New Drug-Detection Method by James Mills by James Mills When law enforcement wants to screen a person for drug use, they usually must collect some kind of invasive physical sample from the suspect. Urine, blood, and hair are all common choices. Now drug use may soon be detectable …
Article • July 15, 2024 • from CLN July, 2024
SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that whether a state court drug conviction counts as a “serious drug offense” under the Armed Career Criminal …
Article • May 15, 2023 • from CLN June, 2023
Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises by Richard Resch by Richard Resch The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased …
Article • April 28, 2023
Executive Director of Police Association in California Charged in Multi-National Drug Smuggling Operation by Kaden Gicker by Kaden Gicker The former executive director of the San Jose Police Officer’s Association (“SJPOA”) has been arrested for drug smuggling, according to the U.S. Attorney’s Office in the Northern District of California. CBS …
Article • April 17, 2023
Executive Director of California Police Association Accused of Running Illegal Drug Distribution Business, Charged with Importing Fentanyl by Jo Ellen Nott by Jo Ellen Nott On March 28, 2023, a criminal indictment from the Department of Justice was unsealed accusing Joanne Marian Segovia, 64, of importing thousands of opioids and …
Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that a prisoner …
Article • November 15, 2022 • from CLN December, 2022
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
Article • July 15, 2022 • from CLN August, 2022
Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the …
Article • March 28, 2022
50 Years After Nixon’s Commission Declared Criminal Laws Were ‘Too Harsh’ on Pot Users, the Federal Ban Remains in Place by Brooke Kaufman By Brooke Kaufman March of 2022 marks 50 years since President Richard Nixon’s National Commission on Marihuana and Drug Abuse issued its report, Marihuana: A Signal of …
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit vacated …
Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney by Douglas Ankney  In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting …
Article • February 15, 2022 • from CLN March, 2022
DEA Continues to Seize Money Without Proof of Criminality by Casey Bastian by Casey J. Bastian  Kermit Warren is the latest victim of unconscionable governmental abuses of the civil asset forfeiture laws. The Drug Enforcement Agency (“DEA”) is again in the news for seizing cash from a citizen without any …
Article • February 4, 2022
Melodramatic Police Press Conferences Regarding Contact with Fentanyl Being Fatal to Cops Is Missing Key Element—the Truth, Lament Experts Who Say It’s ‘Not Possible’ by Cops have a new fiction for their reports and statements in the press that is not supported by toxicology experts and cannot be objectively examined …
Article • January 15, 2022 • from CLN February, 2022
New Jersey Directive Provides Relief for Certain Drug Offenders by Casey Bastian by Casey J. Bastian In February 2018, New Jersey Governor Phil Murphy convoked the Criminal Sentencing and Disposition Committee (“CSDC”) to analyze the state’s sentencing laws. The CSDC was tasked with providing specific recommendations “to ensure a stronger, …
Article • September 15, 2021 • from CLN October, 2021
SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions by Douglas Ankney by Douglas Ankney  A unanimous Supreme Court of the United States (“SCOTUS”) held that § 2(a) of the Fair Sentencing Act modified the …
Article • September 15, 2021 • from CLN October, 2021
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing by Dale Chappell by Dale Chappell In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. …
Article • August 15, 2021 • from CLN September, 2021
Mississippi Supreme Court: Drug Buy Between Dealer and User Doesn’t Constitute Conspiracy to Distribute by David Reutter by David M. Reutter The Supreme Court of Mississippi reversed a defendant’s conviction after finding the State failed to prove he conspired with anyone to distribute methamphetamine. The Court’s en banc ruling was …
Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. Shannon Blake was arrested in connection with an …
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