Denver Criminal Lawyer
Q."Sentences in statute vs. Sentencing Guidelines was: Ex parte Writs of Seizure " I came across a case a few months ago where the court compared a sentence guideline and a statute, and concluded that, if there was a conflict between the two, the statute had to prevail. I didn't take any particular note at the time, except to make a mental note to look into it if I ever update the criminal copyright part of my FAQ. any crim lawyers out there have any comments on this?
A.My basis for it was a panel discussion in Denver right after the law was changed where the other panel member was the asst. U.S. atty in Denver in charge of white collar crime. This was his position, and not mine. In corporate practice, and even farther out of law school than you, I know even less criminal law than you. I would like to hear from a criminal lawyer out there, esp. one well versed in federal criminal law. The question, if we have done too good a job cutting here that you can't tell, is that much broadened felony provisions for copyright infringement were passed and signed into law as one of George Bush's last official acts. (PL 102-561 I believe). The problem is that the penalty provisions in the act are substantially stiffer than those found in the Federal Sentencing Guidelines. I got the ball rolling awhile back by indicating that I thought that the Federal Sentencing Guidelines would control. This was based on statements made by an asst. U.S. attorney in a panel discussion right after the bill passed.
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