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Law Offices of Mark L. Horwitz, P.A.
Sophisticated defense from
a former federal prosecutor

February 2012 Archives

The use of file sharing programs such as SHAREAZA 2.0 does not by itself justify five level enhancement under the Federal Sentencing Guidelines in child pornography cases.

The case of United States v. Spriggs, 23 Fla. L. Weekly Fed. C692 (11th Cir. January 10, 2012) considered an appeal which raised an issue that has resulted in significant increases of the sentencing guidelines in child pornography cases.

Frequently Asked Questions About Downward Departures in Federal Sentencing

In 1987 Congress passed sentencing guidelines establishing the maximum and minimum punishments that people should receive for federal crimes. The guidelines take into account the severity of the crime and the defendant's past criminal record to come up with a suggested sentence. However, there are certain factors that will allow a judge to make a downward departure from the suggested minimum sentence for a federal criminal offense.

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