Law Offices of Marc Neff
Experienced and aggressive Philadelphia lawyer for defense of criminal charges.
Call 24/7 (215) 563-9800

Drug Crimes

December 21, 2012

What You “Need to Know” to Help Make Meth

In United States v. Munguia, 2012 U.S. App. LEXIS 24294 (9th Cir. Nov. 27, 2012), Appellant was charged with drug conspiracy and possession. She was alleged to have purchased a significant amount of pseudoephedrine at the direction of one of her co-defendants. Pseudoephedrine is a common ingredient in many over-the-counter cold medications, including Sudafed, Claritin-D, and similar cold-and-allergy medications. Pseudoephedrine is also a methamphetamine precursor, and is therefore strictly regulated. The key issue at trial was...

Continue reading "What You “Need to Know” to Help Make Meth" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Drug Crimes

December 12, 2012

No Crack Reduction for Career Offenders Even if Sentence is Based On the Crack Range

In United States v. Ware, 2012 WL 4216831 (3d Cir. Sept. 21, 2012) Defendants, each designated career offenders, were ultimately sentenced based on the federal crack cocaine guidelines through a variance and a departure. Each moved for sentence reductions under 18 U.S.C. § 3582(c)(2), based on the amended crack cocaine guidelines implementing the Fair Sentencing Act of 2010. In the first case, Ware, the district court granted the motion for sentence reduction, reasoning that the sentence was "based on" the crack guideline (as...

Continue reading "No Crack Reduction for Career Offenders Even if Sentence is Based On the Crack Range" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Drug Crimes

September 12, 2012

If Police Prevent Your Car From Legally Moving, They Have Seized You

In United States v. Jones, 678 F.3d 293; 2012 U.S. App. LEXIS 9513, Defendant Frederick Jones was convicted of one count of possession of a firearm by an unlawful user of controlled substances, in violation of 18 U.S.C.S. § 922(g)(3), and the U.S. District Court for the Eastern District of Virginia sentenced him to 41 months' imprisonment and a 3-year term of supervised release. Defendant appealed the denial of his suppression motion. In Jones, two police officers in a marked patrol cruiser closely followed a car from a public road...

Continue reading "If Police Prevent Your Car From Legally Moving, They Have Seized You" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Drug Crimes

August 10, 2012

Eighth Circuit Finds That Two Nearly Simultaneous Drug Sales Are One Offense for Sentencing Purposes

In United States v. Willoughby, 653 F.3d 738 (8th. Cir. 2011), Defendant Willoughby appealed from the United States District Court for the Western District of Missouri, which designated him an armed career criminal under the Armed Career Criminals Act (ACCA), 18 U.S.C.S. § 924(e) and sentenced him to the ACCA's mandatory minimum sentence of 15 years' imprisonment. The presentence report (PSR) prepared in advance of Willoughby’s sentencing recommended that defendant be classified as an armed career criminal, pursuant to the ACCA. Defendant objected to this finding by the PSR, specifically...

Continue reading "Eighth Circuit Finds That Two Nearly Simultaneous Drug Sales Are One Offense for Sentencing Purposes" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Drug Crimes

June 8, 2012

5th Circuit Increases Defendant’s Sentence for “Importation” of Narcotics in Routine Distribution Case

In U.S. v. Rodriguez, 666 F.3d 944; 2012 U.S. App. LEXIS 202, Defendant Melanie Marie Rodriguez pled guilty to possession with intent to distribute more than fifty grams of a mixture and substance containing methamphetamine in violation of 21 U.S.C.S. § 841(a)(1) and (b)(1)(B). The United States District Court for the Northern District of Texas sentenced defendant to 180 months' imprisonment and five years of supervised release. Defendant’s sentence was enhanced under U.S.S.G. § 2D1.1(b)(4) because the district court determined that the offense "involved the importation of amphetamine or...

Continue reading "5th Circuit Increases Defendant’s Sentence for “Importation” of Narcotics in Routine Distribution Case" »

Posted by Marc Neff | Permalink | Email This Post

Posted in: Drug Crimes