The federal gang enhancement follows the Sentencing Commission’s tradition of increasing sentences without critical and empirical examination of an enhancement’s impact. However, all hope is not lost. Even if the client has been convicted of a subject offense, is the client “affiliated with” a gang, cartel, or organized crime ring, and did the client commit the crime “in connection with” the organization? Juval Scott provides strategies to challenge the enhancement.

Mercy does not surface often on death row. That is what makes the story of Jason McGehee so remarkable.

Willie Herring’s case cried out for mitigation. The cry went unanswered. The 5-4 decision from the Ohio Supreme Court in Herring’s case does not break new ground. It does, however, provide important reminders about the duty of capital defense attorneys to ensure that a comprehensive mitigation investigation is conducted in every case.

Coalition letter to members of the House regarding legislation that would redefine "criminal gang" to include people not involved in those activities yet in danger of deportation and other immigration penalties (see Criminal Alien Gang Member Removal Act (H.R. 3697, 2017)).

Coalition letter to New York City Police Department Inspector General Philip Eure regarding an audit of the Criminal Group Database to eliminate incorrect, overbroad, and racist data and the consequences of being wrongly included in such a list.

Motion to Dismiss Indictment & Motion to Strike Surplusage from Indictment filed in the U.S. District Court of Massachusetts (MS-13 & RICO)

This page contains resources related to gangs, particularly as related to drugs and conspiracy. 

A PowerPoint presentation by the Center on Wrongful Convictions providing great detail on false confessions with case examples. 

US District Court Eastern District of New York: United States of America v. Lawrence;
Transcript
Expert Report and Affidavit
Judgement, Memo, and Order

2017 National Drug Threat Assessment by the Drug Enforcement Administration.

Most criminal defense attorneys and criminal law scholars have never heard of the strictissimi juris doctrine. Steven Morrison addresses that knowledge gap and offers instructions for defending clients who are engaged in First Amendment-protected conduct and are charged with conspiracy. He provides a brief history of strictissimi juris, presents concrete potential uses of the doctrine, and discusses the contents of the motion defense attorneys should file when arguing that the doctrine applies. 

Last summer, NACDL members completed a survey on the impact of allegations of gang affiliation on bail decisions and pretrial detention. The survey was inspired by a case in which a 16-year-old — considered an adult in the New York criminal justice system — was jailed on a first-arrest misdemeanor charge when a prosecutor requested high bail at arraignment, alleging that the youth was in the gang database.

Materials for arguing against government informant and ex parte discussions regarding the conspiracy and closing off discovery regarding the informant's statements regarding the alleged conspiracy.

Coalition letter to the House Judiciary Committee Subcommittee on Crime, Terrorism and Homeland Security leadership regarding the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279).

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION: USA v. Alvarez et al.