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Articles Posted in CRIMINAL PROCEDURE

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PRISON WARDENS, PROBATION OFFICERS, FEDERAL JUDGES AND LAW ENFORCEMENT PERSONNEL OPPOSE MANDATORY MINIMUMS FOR DRUG OFFENSES

In continuing with my commentary on federal mandatory minimum sentencing for drug offenses and Tilem & Campbell’s challenge to the constitutionality of such sentences, it’s of paramount importance to point out other, influential groups and individuals who are also opposed to mandatory minimums for drug offenses. As previously discussed, former…

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NEW YORK CRIMINAL LAWYER PETER TILEM ADMITTED AS A MEMBER OF THE BAR OF THE UNITED STATES SUPREME COURT

New York criminal lawyer Peter H. Tilem has been admitted to practice before the United States Supreme Court, effective January 12, 2009. Having been recommended for admission by two current members of the bar of the US Supreme Court the motion for Mr. Tilem’s admission was granted and his admission…

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THE RICHARD NIXON ERA – THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970 ELIMINATES MANDATORY MINIMUMS.

Tilem & Campbell is currently appealing the constitutionality of the federal mandatory minimums for federal crack offenses and the 100:1 powder cocaine/crack cocaine rationale. In continuing with a thorough review of the failings of prior mandatory minimums for drug offenses, I previously touched on the Boggs Act of 1951 and…

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FEDERAL MANDATORY MINIMUM DRUG SENTENCING: LYNDON JOHNSON TAKES OFFICE AND ESTABLISHES THE KATZENBACH COMMISSION

As I indicated in prior blogs, Tilem & Campbell is currently appealing two cases challenging the constitutionality of the federal mandatory minimum sentences for crack cocaine offenses and the 100:1 powder cocaine-to-crack cocaine ratio that results in grossly disproportionate sentences between the mostly minority crack offenders and their mostly white…

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JOHN KENNEDY TAKES OFFICE IN 1961 AND OPPOSES MANDATORY MINIMUMS

Tilem & Campbell is currently appealing the constitutionality of the federal crack cocaine statutory mandatory minimum sentences (21 USC 841). In our most recent appeal, we discussed, among other things, the history of mandatory minimum sentences for federal drug offenses starting with the Boggs Act of 1951 and followed by…

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A BRIEF HISTORY OF FEDERAL MANDATORY MINIMUM SENTENCING FOR FEDERAL DRUG OFFENSES

Tilem & Campbell is vigorously challenging the federal mandatory minimum crack cocaine sentencing scheme found in 21 USC 841. We are currently appealing two cases to the United States Court of Appeals for the Second Circuit. While most believe mandatory minimums were a new concept resulting from the crack cocaine…

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THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES FOR CRACK COCAINE OFFENSES (21 USC 841) ARE UNCONSTITUTIONAL ON SEVERAL GROUNDS.

As I indicated in prior blogs, Tilem & Campbell is currently challenging the constitutionality of the federal mandatory minimum sentences for federal crack cocaine offenses. We currently have an appeal pending in the United States Court of Appeals for the Second Circuit and will be filing another shortly on behalf…

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TILEM & CAMPBELL APPEALS DISTRICT COURT’S FINDING THAT THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES (21 USC 841) FOR COCAINE BASE (“CRACK”) OFFENSES ARE CONSTITUTIONAL.

At Tilem & Campbell, we represent a wide variety of defendants charged with anything from traffic infractions to serious felonies including controlled substance offenses. In a recent federal case, we represented a defendant charged in the United States District Court for the Southern District of New York with four drug…

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KIMBROUGH v. UNITED STATES DID NOT STRIKE DOWN THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES FOR CRACK OFFENSES. THE FEDERAL STATUTORY MANDATORY MINIMUM SENTENCES (21 USC 841) FOR CRACK COCAINE OFFENSES ARE ALIVE AND WELL – FOR NOW

At Tilem & Campbell, we often consult with and are retained by those facing or serving 5, 10 or 20 year federal statutory mandatory minimum sentences for cocaine base (crack) offenses. Many individuals mistakenly believe that the United States Supreme Court’s 2007 decision in Kimbrough v United States, 128 S.…

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THE FEDERAL 100:1 POWDER COCAINE/CRACK COCAINE RATIO AND THE RESULTING DISPARITY IN FEDERAL MANDATORY MINIMUM SENTENCING FOR COCAINE OFFENSES?

Recently, Tilem & Campbell filed an appeal challenging the constitutionality of the federal statutory mandatory minimum sentences applicable to crack cocaine offenses and the 100:1 powder cocaine vs. crack cocaine ratio. The issues raised in the appeal will be discussed in future blogs as will the United States Supreme Court’s…

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