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Elizabeth Franklin-Best

Appellate lawyer

Elizabeth Franklin-Best, a criminal appellate lawyer seeking freedom for her clients.  Follow my blog!

US v. Castaneda-Pozo, 11th Cir., filed 12/19/17; Sentencing Issues for Fraud Convictions; Intended Loss and Substantial Financial Hardship

January 2nd, 2018
Elizabeth Franklin-Best

The Eleventh Circuit finds not-entirely-credible testimony of co-defendants sufficient to support making defendant entirely liable for intended loss, and substantial financial hardship applies even when victims don't have to sell their Rolexes.  The appellant in this case, Mr. Castaneda-Pozo appealed two aspects of his sentence.  First, he argued that the district court erred in finding him responsible for the scheme's entir

United States v. Blue, 4th Cir., filed 12/12/17: Vacate and Remand on Sentencing Issue; Judge did not adequately consider Blue’s non-frivolous arguments in favor of downward departure

December 13th, 2017
Elizabeth Franklin-Best

The Fourth Circuit finds sentence procedurally unreasonable when district court did not adequately address a defendant's nonfrivolous arguments that he should receive a downward departure.   Blue pleaded guilty to armed robbery and brandishing a firearm during a crime of violence.  Probation prepared its usual presentence report (PSR) and recommended a sentence of 188 to 235 months' imprisonment for the robbery, and a consec

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