Lori Green Attorney-Advisor Training Division Defender Services Office Washington, D.C

Transcription

1 Sharon Samek Attorney Advisor Legal & Policy Division Defender Services Office Washington, DC Lori Green Attorney-Advisor Training Division Defender Services Office Washington, D.C John H. Cunha Jr. Cunha & Holcomb, P.C. One State Street, Suite 500 Boston, Massachusetts

2 National Training Division Website Past Training Event Materials & Videos Upcoming Training Programs Employment and TDY Opportunities

3 Legal Updates Practice Aids and Topical Guides Guideline Deconstruction Arguments Mitigation Strategies

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6 Litigation Support Section on FD.org National Litigation Support Team CJA Panel Attorney Software Discounts Coordinating Discovery Attorneys Joint ESI Protocols

7 Defender Supreme Court Resource & Assistance Panel (DSCRAP Outside Resources: Sidley Austin, LLP; Supreme Court Institute at the Georgetown University Law Center Lisa Porcari (DSOTD at

8 DSOTD Attorney Advisor or FD.org THE EARLIER THE BETTER!

9 O ur Voice at the Sentencing Commission Research and Analysis Practice Updates and Guides Training

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11 - Guide to Judiciary Policy - Volume 7: Defender Services - CJA Forms and Instructions

12 Volume 7, Part A Chapter 2: Appointment & Payment of Counsel Chapter 3: Authorization for Experts and Service Providers

13 Forms & Fees FormsCourt Forms by Category Court Forms by Number Bankruptcy Forms Financial Disclosure Form CJA Forms Fees

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15 Also accessible via FD.org in the Hot Topics section under CJA Panel Info

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19 Continued Cost Containment Increased CJA Voucher Scrutiny

20 Advocate E ectively for The Resources you Need for E ective CJA Representation

21 Increased Voucher Scrutiny

22 What You Can Do to Get The Resources you Need for E ective CJA Representation

23 Walk TheCourtThrough It Principle of Least Surprise Document TheWork Use Case Budgeting Techniques

24 Voucher the Docket Don t Justify Expenses Include Non-Compensable Items Make Technical and Math Errors Double Bill

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29 [FDOCJAMassList] Judge Young on sentencing [FDOCJAMassList] BJS releases reports on federal justice statistics [FDOCJAMassList] Filing and staying 2254 petition [FDOCJAMassList] quash subpoena based on client s medical condition? [FDOCJAMassList] Motion for Expert Fees [FDOCJAMassList] deposition of defense expert [FDOCJAMassList] Seeking a Syracuse NY attorney

30 John Doe, Federal Defender s Office in Boston, moderates the group. Group Information Members : 384 Category : Criminal Justice Founded : May 22, 2003 Language: English Group Settings This is a restricted group. Attachments are permitted. Members cannot hide address. Listed in Yahoo Groups directory. Membership requires approval. Messages are not moderated. All members can post messages.

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36 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES v. No. D FILED UNDER SEAL EX PARTE MOTION FOR FUNDS FOR EXPERT WITNESS The Defendant requests that this Honorable Court grant an allowance of funds not to exceed twelve thousand dollars ($12,000, pursuant to 18 U.S.C. 3006A (e (1, for costs associated with having a neuropsychologist provide a neuropsychological and psychological evaluation of Mr. D. Counsel has consulted with neuropsychologist Dr. William Rinn, 1 who is experienced in the fields of brain addictions, personality disorders, and long term affects of brain injury. Dr. Rinn s curriculum vitae is attached hereto. After learning the biographical details of the defendant relating to the civil war in Cambodia, which are summarized in the accompanying affidavit of Mr. D, Dr. Rinn believes that Mr. D may benefit from an evaluation that optimally involves testing, extensive interviews with family and friends, and research into whether Mr. D has any traumatically induced psychological injury, all of which are relevant to both the alleged conduct and to disposition, if necessary. Dr. Rinn estimates that a comprehensive evaluation will require up to forty hours of work, including the evaluation and drafting a report. Dr. Rinn charges $ per hour for cases funded by the federal government. A neuropsychological and psychological evaluation of Mr. D is necessary in 1 Counsel received the referral for, and endorsement of, Dr. William Rinn from the Federal Defender s office.

37 order to provide mitigation evidence at trial. be allowed. The provision of the requested amount is in the interests of justice, and the motion should D By his attorney, John H. Cunha Jr. B.B.O. No CUNHA & HOLCOMB, P.C. One State Street, Suite 500 Boston, MA

38 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES v. No. 1:13-cr MLW D MOTION FOR FUNDS FOR PRINTING DISCOVERY The Defendant requests that this Honorable Court grant an allowance of funds not to exceed three thousand dollars ($3,000, pursuant to 18 U.S.C. 3006A (e (1, for costs associated with printing pages of discovery to use during preparation and hearings. This is a financial fraud case with thousands of pages of discovery. It is necessary for counsel to utilize hard copies of the almost 18,000 pages of discovery produced to the defense. Each printed page costs counsel $.15, requiring $3,000 to print all the necessary documents. Mr. D has been found to be indigent by this Court, and as such does not have the funds necessary to pay for printed pages of discovery. The provision of the requested amount for printing is in the interests of justice, and the motion should be allowed. D By his attorney, /s/ John H. Cunha Jr. John H. Cunha Jr. B.B.O. No CUNHA & HOLCOMB, P.C. One State Street, Suite 500 Boston, MA

39 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES v. No NG O EX PARTE MOTION FOR INVESTIGATORY FEES FILED UNDER SEAL The Defendant requests that this Honorable Court grant him two thousand two hundred ninety-five dollars and ten cents ($2, in additional funds to pay for the services of private investigator, John Nardizzi, who worked on this case since its inception. In support thereof, the defendant states that this case was finally resolved after a guilty plea at the final pretrial conference shortly before the scheduled trial. Due to these circumstances it was necessary that Mr. Nardizzi perform investigative services/tasks all the way up until that date, with the anticipation at the time, that the case was proceeding to trial. While it is neither the general practice, nor counsels own practice, to request funds after the fact, the unique circumstances of this case, warrant that in the interests of justice this request should be granted. The provision of the requested amount in for this final bill will fairly compensate Mr. Nardizzi for the work performed prior to the ultimate guilty plea in this case. ANTHONY OLIVEIRA By his attorney, John H. Cunha Jr. B.B.O. No CUNHA & HOLCOMB, P.C., One State Street Suite 500, Boston, MA

40 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES v. No NG O EX PARTE MOTION FOR INVESTIGATORY FEES FILED UNDER SEAL The Defendant requests that this Honorable Court grant him three thousand dollars ($3, for a private investigator in this case, pursuant to 18 U.S.C. 3006A (e (1. In support thereof, the defendant alleges that there are issues that require the services of an investigator in order to afford in a full and proper defense. Mr. O has been found to be indigent by this Court, and as such does not have the funds necessary to hire an investigator on his own behalf. The provision of the requested amount for investigative services is in the interests of justice, and the motion should be allowed. O By his attorney, /s John H. Cunha Jr. John H. Cunha Jr. B.B.O. No CUNHA & HOLCOMB, P.C. One State Street, Suite 500 Boston, MA

41 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES v. No. O MOTION FOR STENOGRAPHIC FEES The defendant hereby moves this Court allow immediate production of the transcript of the proceedings conducted on June 23, In support of this motion, the defendant states that he has been found indigent by this Court. A transcript may be necessary to prepare for the next witness, who is to appear on June 27, O By his attorney, /s/ John H. Cunha Jr. Dated: June 24, 2011 John H. Cunha Jr. B.B.O. No CUNHA & HOLCOMB, P.C. One State Street, Suite 500 Boston, MA W:\Crim\ZZClosed\Oliveira\Motions\Motion for Transcript.wpd CERTIFICATE OF SERVICE I certify that a copy of the foregoing document, which was filed on this date via the CM/ECF system, will be sent electronically on this date to the parties counsel of record. /s/ John H. Cunha Jr.

42 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS UNITED STATES v. No. O EX PARTE, FILED UNDER SEAL, MOTION FOR INVESTIGATIVE FUNDS The defendant hereby requests that this Court grant this motion for five thousand dollars ($5,000 for funds for investigation. It is anticipated that there will be an entrapment defense, necessitating further investigation. Specifically, witnesses need to be located and interviewed locally and in South Carolina, where there is strong reason to believe that two critical witnesses can be found based on previous investigative efforts. Essential to this anticipated affirmative defense are the interviews of T H and R H. The former is revealed on videotape provided in discovery, as the Government s cooperating witness, who entrapped Mr. O into committing the instant alleged offense. The latter is his wife who had unfettered access to the O home as a caretaker for Mr. O s then very sick spouse. Both individuals were a constant presence in Mr. O s home at the time the Government alleges Mr. O illegally possessed a firearm, an offense that when coupled with the Armed Career Criminal enhancement carries a mandatory minimum sentence of fifteen (15 years if convicted. Counsel intends to interview the H s with his investigator. Mr. O has been found to be indigent by this Court, and as such does not have the funds necessary to fund this investigative trip on his own behalf. The provision of the requested amount for investigative services is in the interests of justice, and the motion should be allowed.

43 O By his attorney, /s/ John H. Cunha Jr. John H. Cunha Jr. B.B.O. No CUNHA & HOLCOMB, P.C. One State Street, Suite 500 Boston, MA

44 I heard from an AUSA who is on the committee to speed things up that the judges no longer will wait until a cooperator testifies at a distant trial for sentencing. Cooperators now will be sentenced in the normal course. CJA Defense Lawyer 2 CJA Defense Lawyer 2@xxxxxlaw.com STATEMENT OF CONFIDENTIALITY: The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s and may contain confidential or privileged information. If you are not the intended recipient, or the person responsible for delivering the to the intended recipient, be advised you have received this message in error and that any use, dissemination, forwarding, printing, or copying is strictly prohibited. Please notify E. Peter Parker immediately at either ( or at peter@parkerslaw.com, and destroy all copies of this message and any attachments. ===================================================================== On Jan 22, 2015, at 2:53 PM, CJA Defense Lawyer 1@gmail.com [FDOCJAMassList] <FDOCJAMassList@yahoogroups.com> wrote: I certainly have. This is reflected in attitudes of the AUSAs too. CJA Defense Lawyer 1 CJA Defense Lawyer 1@gmail.com ===================================================================== On Thu, Jan 22, 2015 at 2:50 PM, Federal Defender A [FDOCJAMassList] <FDOCJAMassList@yahoogroups.com> wrote: I'm interested if anyone has experienced a change in attitude by the judges toward continuing cases because client's cooperation is not yet complete Federal Defender A Visit Your Group Yahoo! Groups Privacy Unsubscribe Terms of Use

45 Me too Sent from my iphone On Oct 29, 2014, at 5:47 PM, GG [FDOCJAMassList] wrote: Please include me also M. GG On Oct 29, 2014, at 4:07 PM, dd [FDOCJAMassList] wrote: M, I would like a copy a well if you can it. I couldn't make it. DD On Oct 29, 2014, at 3:54 PM, ER@or.com [FDOCJAMassList]" <FDOCJAMassList@yahoogroups.com> wrote: M: Can you a copy of your power point presentation. I arrived late and missed much of your presentation. ER "You can only protect your liberties in this world by protecting the other man's freedom." Clarence Darrow From: FEDERAL DEFENDERS <FDOCJAMassList@yahoogroups.com> Reply-To: FEDERAL DEFENDERS <FDOCJAMassList@yahoogroups.com> Date: Friday, October 24, 2014 at 12:22 PM To: zzmaml_cja and FDO Lawyers <zzmaml CJA_and_FDO_Lawyers@fd.org>, FEDERAL DEFENDERS <FDOCJAMassList@yahoogroups.com>, "CJAFirstCircuit@yahoogroups.com" <CJAFirstCircuit@yahoogroups.com> Subject: [FDOCJAMassList] Reminder - CJA Training Wednesday [2 Attachments]

46 We are hosting a CJA training this Wednesday, October 29 from 3:00-6:00 p.m. in the jury assembly room at the Boston federal courthouse. This is an important training, and we're going to do our best to start promptly at 3:00. First, we're going to cover the retroactive drug guideline amendment, and review the law applicable to motions to reduce sentence on the basis of the amended guideline. The Sentencing Commission has created a list of defendants that it thinks are eligible for a reduction, and we have a copy of that list. We are sending letters out today to CJA panel attorneys whose clients are on the list (we consider that someone is a former client of yours if you handled the sentencing, unless subsequent CJA counsel was appointed to litigate, for example, a 2255 raising an ineffective claim. We don't know whether the Commission's list is under-inclusive and have heard anecdotally that it is, so we are asking all of you to review your old drug cases for potentially eligible clients. We also expect that in some cases the court will appoint panel attorneys to cases where the original CJA attorney is no longer on the panel. Second, Todd Bussert, a defense attorney from New Haven who writes and speaks regularly on federal sentencing and prison issues, will give a presentation on the practical problems we encounter when trying to navigate BOP. Among other things, Todd will address issues that arose on the list serve over the past couple of weeks such as the designation process and handling clients who have charges pending in both state and federal court. He will field questions, and if you have a particular question you want to make sure he addresses, please feel free to it to me offline at MR@fd.org Finally, the district court has adopted "Best Practices in the Scheduling of Criminal Cases" (copy attached which will affect the pace of our cases. Many in the defense community have concerns about this initiative. We invited the district court to come speak to the panel about it and address our concerns. In response, Chief Judge Saris and Judges Casper and Sorokin responded that they wanted to come, and asked us to also invite the U.S. Attorney's office so that we could have a community-wide discussion. We agreed and have invited the AUSAs to attend this portion of the program only, which will be from 5:15-6:00 p.m. (I am also attaching a memo the USAO issued in response to the court's "Best Practices" memo. We look forward to seeing you there. MR Assistant Federal Public Defender Visit Your Group Yahoo! Groups Privacy Unsubscribe Terms of Use