Bureau of Prisons Releases Final Rule Codifying Procedures Regarding the Earning and Application of Time Credits Under the First Step Act

By Stephen J. Haedicke | January 31, 2022

The Bureau of Prisons released its final rule codifying BOPs procedures regarding the earning and application of time credits under the First Step Act. (available here).  The rule will apply retroactively, and thousands of people will begin transferring out of prisons immediately. DOJ announced“[i]mplementation will occur on a rolling basis, beginning with immediate releases for inmates whose Time Credits […]

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Federal Rule of Evidence 404(b) for Plaintiffs

By Stephen J. Haedicke | November 29, 2021

I was recently asked to present on a continuing legal education webinar panel for Strafford, a company that produces quality continuing legal education materials for attorneys. I enjoyed presenting with my co-panelists, Beth Boggs of Boggs, Avellino, Lach & Boggs, LLC, and Felicia Long of Hill Hill Carter Franco Cole & Black. For those who […]

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US v. Gallegos, A Tale of Deceit and Consent: The Fifth Circuit Rules on 4th Amendment Challenge to Cell Phone Extraction and Search

By Stephen J. Haedicke | November 5, 2020

In the recent United States v. Gallegos, the Fifth Circuit considered a defendant’s Motion to Suppress evidence of child pornography that had been found during review of cell phone data extracted from the defendant’s cell phone.  Overturning the District Court’s decision to suppress the evidence, the Fifth Circuit held that the defendant had consented to […]

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Fifth Circuit Overturns Criminal Conviction Based on Prosecutor’s Misconduct

By Stephen J. Haedicke | September 14, 2020

Prosecutorial misconduct led the Fifth Circuit to overturn a criminal conviction in the recent decision of United States of America v. Thaddeus Beaulieu.  The Beaulieu case involved a charge of criminal contempt arising from Beaulieu’s refusal to testify in court against individuals involved in car jackings and bank robberies.  After Beaulieu asserted a Fifth Amendment […]

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Fifth Circuit Considers Structuring Crimes and Limits on Criminal Forfeiture in Recent Case

By Stephen J. Haedicke | July 21, 2020

The Fifth Circuit Court of Appeals recently decided the case of United States v. Suarez, which involved charges of “structuring” currency transactions.   Thirty-one U.S.C. § 5313(a) requires banks to file a Currency Transaction Report (CTR) whenever someone conducts a transaction involving more than $10,000 in cash.  Illegal “structuring” occurs when someone conducts multiple transactions to […]

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Stephen Haedicke’s Article on Suing Private Companies Under Sec. 1983 Appears in the Federal Lawyer

By Stephen J. Haedicke | July 8, 2020

Stephen Haedicke’s article on whether the Monell standard should apply to protect private companies who have been sued under Section 1983 has been published in the most recent issue of the Federal Lawyer, a publication of the Federal Bar Association.  You can read the article below.  

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