AGENDA. 8:00 8:15 WELCOMING REMARKS Ross Richardson, Executive Director, Western District of North Carolina

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1 Thursday, April 2, FEDERAL CRIMINAL DEFENSE PRACTICE ANNUAL CLE FOR THE MIDDLE AND WESTERN DISTRICTS OF NORTH CAROLINA Hilton Asheville Biltmore Park 43 Town Square Blvd., Asheville, NC AGENDA 7:45 8:15 REGISTRATION/SIGN IN FOR APRIL 2 SESSIONS 7:45 9:00 CONTINENTAL BREAKFAST 8:00 8:15 WELCOMING REMARKS Ross Richardson, Executive Director, Western District of North Carolina 8:15-9:15 ZEALOUS ADVOCACY & THE ART OF WAR Dumaka Shabazz, Assistant Federal Public Defender, Nashville, TN This presentation combines passion, strategy and law as a practical approach to federal criminal defense. Explore various battle strategies and their application to everyday practice. In addition to strategy, the presentation reviews a sample case with tips for sentencing. 9:15-10:45 FEDERAL BUREAU OF PRISONS: THE GRAND OVERVIEW Matthew Mellady, Regional Counsel, Mid-Atlantic Region, BOP, Annapolis Junction, MD 10:45-11:00 BREAK This session provides an extensive overview of the BOP system, with discussion on policies and procedures, including the importance of the PSR for classification purposes, the inmate designation process, and existing programs for inmates. (1.5 Regular Credit Hours) 11:00-12:00 WALKING THEIR WALK AND GETTING THEM TO TALK: HOW TO PICK A JURY UNDER TIME AND OTHER RESTRICTIONS Rick Kammen, Esq., Indianapolis, IN Selecting a jury is an art form. Learn how to conduct a short but effective voir dire in the time allotted in federal court. There will be a also discussion for judge-conducted voir dire. 12:00-1:15 LUNCH (ON YOUR OWN) 1

2 12:00 12:45 SPECIAL SESSION: CJA VOUCHERS The Honorable Martin K. Reidinger, Asheville, NC This optional session is an opportunity for panel attorneys who appear before U. S. District Court Judge Martin Reidinger to discuss vouchers with him and have an opportunity to ask him questions. This session is open to everyone. 1: :15 SIGN-IN FOR AFTERNOON SESSION 1:15 2:15 DEFENDING INTERNET SEX CRIMES Michael Brannon, Psy.D., Coral Springs, FL A forensic psychologist, Dr. Brannon will discuss what information we should collect from and about our clients charged with Internet sex crimes, whether an evaluation is necessary, what tests a forensic psychologist administers and how to use this information in trying a case or mitigating a sentence. 2:15-3:15 WINNING YOUR CASE THROUGH MOTIONS Claire Rauscher, Esq., Womble, Carlyle, Sandridge & Rice, Charlotte, NC Kevin Tate, Assistant Federal Defender, Charlotte, NC 3:15 3:30 BREAK This session focuses on the type of pretrial motions, primarily in white collar cases, that defense counsel should consider on filing, and how to effectively investigate and litigate these motions. 3:30: 4:30 PROSE FOR PROS: GETTING YOUR PLEADINGS NOTICED Alan Dubois, First Assistant Federal Public Defender, Raleigh, NC The session will provide writing and stylistic advice for crafting your briefs, motions, and sentencing memos to help you get the result that you want. 4:30 5:30 PROSECUTORIAL MISCONDUCT Eric D. Placke, First Assistant Federal Public Defender, Greensboro, NC What is prosecutorial misconduct? What can you do to protect your client against it? Post-conviction, how can you use evidence of it to help your client get justice? What are your obligations as a bar member regarding prosecutorial misconduct? This session will discuss these and other questions regarding prosecutorial misconduct. 2

3 (1.0 Ethics Credit Hour) 5:45 7:00 RECEPTION (Cash Bar) Friday, April 3, :45 8:15 REGISTRATION/SIGN-IN FOR APRIL 3 MORNING SESSION 7:45 9:00 CONTINENTAL BREAKFAST 7:45-8:15 MEETINGS OF CJA PANEL Middle District, Louis Allen and Lisa Costner, Panel Rep Room TBA Western District, Ross Richardson and Mark Foster, Panel Rep Room TBA This session will discuss issues pertinent to CJA panel attorneys. 8:15-9:45 SUPREME COURT AND FOURTH CIRCUIT COURT OF APPEALS UPDATE Joshua Carpenter, Assistant Federal Defender, Asheville, NC Ann Hester, Assistant Federal Defender, Charlotte, NC This session provides an update on Supreme Court and Court of Appeals decisions since the last seminar in July, 2014 and highlights pending cases of note before the two courts. (1.5 Regular Credit Hour) 9:45 10:15 SENTENCING GUIDELINES UPDATES Denise Barrett, Sentencing Resource Counsel 10:15-10:30 BREAK This session updates you on new guideline amendments and proposed guideline amendments in the next fiscal year. (.5 Regular Credit Hour) 10:30-11:30 MENTAL HEALTH, MITIGATION AND PUTTING TOGETHER A TREATMENT PLAN Denise Barrett, Sentencing Resource Counsel With upwards of 45% of our clients being diagnosed with mental health issues, we need to understand how to spot the symptoms, tie psychological illnesses into a theory of mitigation and offer up treatment plans rather than incarceration. This session will help you ask the right questions, come up with a strategy, and offer judges a more effective sentencing alternative. 3

4 11:00 12:30 THE BIG REVEAL: PEOPLE S LIVES ONLINE Phil Likins, Computer Systems Administrator, Federal Defenders, Charlotte, NC Bill Moormann, Administrative Officer, Federal Defenders, Charlotte, NC Cell phones, social networks, GPS enabled devices and data aggregation are creating electronic footprints and biographies that can hurt our clients but can also help us with our defense investigation. We need to better understand the technology and forensic techniques being used to evaluate digital evidence. This session will provide a general overview of how an electronic footprint and biography are created and how we can evaluate the strengths and weaknesses of the government s evidence in light of this knowledge. It will also help us in turning the tables and using the same knowledge in investigating witnesses digital footprints and biographies. 12:30-1:45 LUNCH (ON YOUR OWN) SPECIAL SESSION: CJA CASE BUDGETING Larry Dash, Esq., Richmond, VA This optional session is an opportunity for panel attorneys to meet Larry Dash, who was recently hired as the Fourth Circuit CJA Case Budgeting Attorney and who will discuss case budgeting. One of Mr. Dash s duties include assisting in the preparation of budgets that address attorney and paralegal time, experts, investigation, and other case costs. Another is developing and providing policy and budget information to the courts and to the Administrative Office of the United States Courts. This session will be an informal Q and A. 1:30 1:45 SIGN IN FOR AFTERNOON SESSION 1:45-2:45 CRIMINAL ASSET FORFEITURE James Kilbourne, Esq., Asheville, NC This session addresses how to fight the government s attempt to seize your client s interest in property claimed to be instruments or fruits of the alleged criminal wrongdoing. 2:45-3:45 SUPERVISED RELEASE CONDITIONS: HELPING YOUR CLIENT SUCCEED POST-RELEASE Erin Taylor, Assistant Federal Defender, Charlotte, NC Objections to the sentence do not end when the court imposes a sentence of incarceration. This session addresses supervised release conditions, potential pitfalls 4

5 3:45 4:00 BREAK you should be alerted to in order to ensure your client s success post-incarceration, and how to argue against the imposition of these conditions. (1.0 Credit Hour) 4:00-5:00 ACHIEVING A BALANCED LIFE: CONQUERING THE ADDICTION OF THE LAW Vernetta Eleazer, Program Director, Swain Recovery Center, Black Mountain, NC This session discusses the effect of the work that we do and what we can do to avoid potential problems that come with stress, overwork and worry, including mental wellness and alcohol/substance abuse issues. (1.0 Substance Abuse/Mental Health Awareness Credit Hour) 5:00-5:15 CLOSING REMARKS Ross Richardson, Executive Director, FDWNC 5

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