Preliminary Sections

• Author: Barry Boss/Jeffrey H. Rutherford/Michael J. Proctor
• Pages: 1-50

FEDERAL CRIMINAL PRACTICE

BY BARRY BOSS, JEFFREY H. RUTHERFORD & MICHAEL J. PROCTOR

HIGHLIGHTS

This edition of Federal Criminal Practice includes new and updated text throughout the book and nine

new forms. The highlights include:

NEW AND UPDATED CONTENT AND CASES RE:

GRAND JURY PROCEEDINGS

• When the prosecutor violates grand jury guidelines

• Disclosure of grand jury proceedings requires showing of particularized need

• Conf‌inement for civil contempt

INDICTMENT AND INFORMATION

• Defendant must f‌ile a motion to remedy a delayed indictment

• Constructive amendment of indictment at trial is reversible error

• Duplicitous counts – move to dismiss or to require government to elect

PRETRIAL DISCOVERY

• Brady procedure under amendment to Fed. R. Crim. Pro. 5

• Notice provisions of the Federal Rules of Evidence

• Impeachment by evidence of a criminal conviction (FRE 609(b))

SENTENCING

• When the sentencing court disagrees with the Guidelines

• Armed Career Criminal Act: what constitutes a “violent felony”; what counts as a “separate and distinct”

conviction

• Commonly relied upon grounds for downward variances, including medical condition; mental/emotional

condition at the time of the offense; troubled or traumatic childhood; charitable acts.

• Mandatory minimums: First Step Act “safety valve” for f‌irst-time drug offenders

• Compassionate release

NEW FORMS

• PS2 Pretrial Services Agency Questionnaire

• Statement of Constitutional Rights

• Consent to Video or Telephonic Appearance

• Waiver of Indictment

• Sample 1 - Joint Defense/Common Interest Agreement

• Sample 2 - Joint Defense/Common Interest Agreement

• General Order re: Case Assignment

• Waiver of Indictment

• Waiver of Jury and Factual Findings

And more!

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