Federal Sentencing in Computer Related Crimes

Tampa Florida Federal Criminal Defense Attorney, Lawyer W.F. ''Casey'' Ebsary notes that Computer crimes draw stiff sentences in Federal Courts. However, at a United States Sentencing Commission (USSC) hearing in Chicago, a Judge said it would give him comfort in affirming below-guideline sentences in child porn cases to see data showing there are lots of below guidelines sentences. There is such data.

In the first three quarters of 2009, judges sentenced below the guideline range in 503 of 1195 cases (42%) and the government moved for a below-guideline sentence in another 128 cases (10.7%), 101 of which were for reasons other than 5K1.1, that is, for reasons under 3553(a). See USSC Preliminary Data Report, Table 5.

The complete Report is at the link below:

If you have a computer problem in Federal or State Court - Tell Me Your Story Toll Free 1-877-793-9290.

Source: http://www.ussc.gov/sc_cases/USSC_2009_Quarter_Report_3rd.pdf.

Tampa Criminal Defense Attorney - Computer Search Warrants

Tampa Criminal Defense Attorney reports severe limits in  Computer Search Warrants and Searches - Another court has laid out detailed procedures for issuance and execution of search warrants for computers that contain files outside the scope of a search warrant. The court ruled that the Government cannot rely on the Fourth Amendment's plain-view doctrine in cases where the investigators rely on the intermingling of computerized records to justify a broad seizure and examination of electronically stored records. United States v.Comprehensive Drug Testing Inc., 9th Cir.(en banc), No. 05-10067 (8/26/09).

The court states, “The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.” The plain-view doctrine is an issue courts have been struggling with.

Detailed procedures for searches of computer electronic data:

1. The government must not rely on the plain view doctrine in digital evidence cases.

2. Search must be either done by specialized personnel with a procedure to prevent disclosure investigators of information that is not the target of the warrant.

3. The government's search method must be designed to uncover only the information for which it has probable cause.

When Computers Land in Court, We Can Help - Tell Me Your Story Toll Free  - 1-877-793-9290.

Tampa Criminal Defense Attorney on Computer Forensic Searches and Warrants

Source: http://pub.bna.com/cl/0510067a.pdf

Tampa FBI, Delays, and DNA Database

Tampa Criminal Defense Attorney notes significant delays in processing DNA collected for an ever-expanding range of reasons for a seemingly unlimited list of offenses. The surge in DNA collections by the prosecutors has inundated crime labs that are required to process the genetic material and enter the results into the national DNA database.



Is DNA an issue - Tell Me Your Story Toll Free 1-877-793-9290 .