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Elizabeth Franklin-Best

Appellate lawyer

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

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

US v. Diaz, 9th Cir., filed 12/6/17: The Limits (or Not!) of Expert Witness Testimony in White Collar Criminal Case

December 8th, 2017
Elizabeth Franklin-Best

I find this opinion disturbing because I think too often government expert witnesses are allowed too free rein in their testimonies in the first place, to the obvious disadvantage of criminal defendants, and this decision clearly will not be slowing down that train anytime soon.  Here, the Court did not find error when the government's expert witness cou

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