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Amicus Briefs & Publications

NACDL Amicus Briefs

Burrage v. United States, 134 S. Ct. 881 (2014) (proximate cause requirement for charge of drug distribution resulting in death)

Sekhar v. United States, 133 S. Ct. 2720 (2013) (meaning of phrase "obtaining of property" in Hobbs Act)

Henderson v. United States, 133 S. Ct. 1121 (2013) (application of plain error review in criminal cases)

Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013) (standing of criminal defense lawyers to challenge constitutionality of NSA surveillance program)

Skilling v. United States, 130 S. Ct. 2896 (2010) (limiting 18 U.S.C. § 1346, honest services fraud statute, to bribes and kickbacks)

Conn v. Gabbert, 526 U.S. 286 (1999) (right of attorney to bring § 1983 action based on search as client testified before grand jury)

Williams v. Taylor, 529 U.S. 362 (2000) (addressing ineffective assistance of counsel in death penalty case)

United States v. Balsys, 524 U.S. 666 (1998) (arguing for Fifth Amendment privilege based on possibility of foreign prosecution)

Sullivan v. Louisiana, 508 U.S. 275 (1993) (erroneous reasonable doubt instruction not subject to harmless error review)

United States v. McDonnell, 2015 U.S. App. LEXIS 11889 (4th Cir. July 10, 2015) (federalism implications of bribery charges under honest services fraud statute and Hobbs Act)

United States v. Nelson, 712 F.3d 498 (11th Cir. 2013) (scope of honest services fraud statute)

Chevron Corp. v. Berlinger, 629 F.3d 297 (2d Cir. 2011) (right of criminal defendant to obtain outtakes from documentary film under 28 U.S.C. § 1782)

United States v. Kay, 513 F.3d 461 (5th Cir. 2008) (mens rea under Foreign Corrupt Practices Act)

In re Sealed Case, 310 F.3d 717 (Foreign Intelligence Surveillance Court of Review) (arguing that "substantial purpose" provision of Foreign Intelligence Surveillance Act violates Fourth Amendment)


publications

It's Time to Fix the Federal Criminal System, 35 Champion 34 (2011)

Criminal Prosecutions and Classified Information, 29 L.A. Lawyer 36 (2006) (with K.C. Maxwell)

The President's Power to Seize Property in the Post-September 11 World: The International Economic Emergency Powers Act, 27 Champion 18 (2003)

Calculation of Loss Under the New Fraud and Theft Guideline, 26 Champion 44 (2002)

Calculation of Loss Under the Sentencing Guidelines, 9 Geo. Mason L. Rev. 357 (2000)

Should the Sentencing Commission Adopt the Economic Reality Doctrine, 10 Fed. Sentencing Rep. 141 (Nov./Dec. 1997)

Ninth Circuit Requires Tracing Under Section 1957, Causes Conflict, 7 Money Laundering L. Rep. 1 (May 1997)