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ADMINISTRATIVE OFFICE OF THE U.S. COURTS …
Tags: administrative office, angeles california, computer crimes, conjunction, courts office, defender services, defense seminar, gangs, marriott, mental health, mitigation, mortgage fraud, persuasive writing, plenary sessions, seminar participants, small group, time blocks, topic areas, trial lawyers, writing workshop,Pages: 23
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Created: Thu Jul 31 11:57:51 2008
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ADMINISTRATIVE OFFICE OF THE U.S. COURTS
OFFICE OF DEFENDER SERVICES TRAINING BRANCH
Multi-Track Federal Criminal Defense Seminar:
Strategies For Defending Complex Cases
September 4-6, 2008
and
Persuasive Writing Workshop for Trial Lawyers
September 4-5, 2008
Los Angeles Marriott Downtown
Los Angeles, California
The Multi-Track Federal Criminal Defense Seminar is designed to offer in depth instruction
in a variety of substantive criminal topic areas. Four of the tracks - Gangs, Computer Crimes,
Immigration, and Trial Skills - will be presented in four distinct hour-long time blocks. The sessions
will be presented on Thursday, September 4, 2008, and then repeated on Friday, September 5, 2008.
This design will allow seminar participants the opportunity to attend two of the separate tracks. In
addition, on Thursday, September 4, 2008, there will be a full day track - "Fundamentals of Federal
Criminal Practice"- that offers practitioners who are new to federal criminal defense practice the
opportunity to receive instruction on the areas most vital to providing an effective defense for their
clients. On Saturday, September 6, 2008, seminar participants will have the opportunity to select
from three additional tracks, including Mental Health, Noncapital Mitigation, and Mortgage Fraud.
In addition to the above-referenced tracks, the seminar will also include plenary sessions
addressing topics of general interest and importance to criminal defense practitioners, along with
the opportunity to attend small group breakouts covering a variety of substantive criminal defense
issues.
Also on September 4-5, 2008, in conjunction with the Multi-Track Seminar, the Persuasive
Writing Workshop for Trial Lawyers will offer CJA panel attorneys the opportunity to participate
in an intensive writing program. During the course of this 1 and a half-day workshop, participants
will learn how to use storytelling techniques to make legal writing persuasive, and how to make their
writing clear and concise. The workshop combines interactive group discussion with a hands-on
exercise in drafting a typical trial level motion and memorandum in support. Participants will
have assignments prior to the start of the workshop. Participation in this workshop is limited
to 24 panel attorneys. A separate registration is required. CJA panel attorneys are welcome to
participate in either the Multi-Track Seminar, the Persuasive Writing Workshop, or both.
The agendas for both the Persuasive Writing Workshop and the Fundamentals of Criminal
Defense Program immediately follow the Multi-Track draft agenda.
1
ADMINISTRATIVE OFFICE OF THE U.S. COURTS
OFFICE OF DEFENDER SERVICES TRAINING BRANCH
Multi-Track Federal Criminal Defense Seminar:
Strategies For Defending Complex Cases
September 4-6, 2008
Los Angeles, California
Draft Agenda
(July 31, 2008)
Thursday, September 4, 20081
7:30 to 8:30 A.M. Registration
8:30 to 8:45 A.M. Welcoming Remarks
Lori A. Green, Attorney-Advisor, Office of Defender Services Training
Branch, Washington, D.C.
8:45 to 9:45 A.M. Keynote Speech
" Who's Who in Court - The Faces Behind the Cases,
Heather Williams, First Assistant AFPD, District of Arizona
9:45 to 10:45 A.M.
Track Presentations
1. Gangs
During this track learn how to defend a gang case from bond hearing to
sentencing, with a specific focus on creative motions and cross-examination of "gang"
experts. The sessions will also provide tips on how to investigate gang cases and how to
develop defenses for use at trial, plea negotiations and sentencing, such as whether an
"enterprise" even exists and whether the acts attributed to your client were in
furtherance of the enterprise or were actually gang activities.
2. Immigration
Immigration cases present a variety of issues often not encountered in the defense of
other types of cases. Learn some of the specific defenses available in illegal reentry
cases and how to make effective use of mitigation evidence. Alien smuggling cases may
present opportunities to attack the specific elements of proof and pretrial motions may
1
A persuasive writing workshop will take place on Thursday, September 4, 2008, from
8:30 A.M to 5:00 P.M and Friday, September 5, 2008. Advance registration is required for this
program and space is limited to no more than 24 CJA panel attorneys. In addition, a full day
Fundamentals of Federal Criminal Defense track presentation takes place on Thursday,
September 4, 2008. No advance registration is required to attend that program.
2
play a large role in the defense. All of those issues and more will be covered during the
sessions in this track.
3. Trial Skills
Although the majority of federal criminal cases are resolved by pleas, it is imperative
that a defense attorney have the skills needed to be successful at trial. This track
highlights some of the areas that are essential to an effective trial presentation.
4. Computer Crimes
Computer technology is playing an increasing role in criminal cases. Specific criminal
offenses involve the use of computers requiring increased knowledge of the technology
and forensic techniques utilized to evaluate evidence. The aim of these sessions is to
provide an overview of some of the specific crimes associated with computers and the
forensic science involved in evaluating the strengths and weaknesses of the cases.
Track Presentations
9:45 to 10:45 A.M. 1) Gangs:
Defining the Gang
Kate Corrigan, Esq., Corrigan Law Corporation, APLC, Newport Beach,
CA
This session explores whether an "enterprise" even exists and whether the
acts attributed to your client were in furtherance of the enterprise or were
properly characterized as gang activities.
2) Immigration
Defending Against the Illegal Entry and Illegal Reentry Charges
Dennis Candelaria, AFPD, District of New Mexico
Element by element, this session will discuss concrete defenses to raise
against a charge of illegal entry or illegal reentry. Participants will gain an
understanding of defenses related to derivative and acquired citizenship,
collateral attacks on prior removals, the required mens rea, inadequate
corroboration of a confession, permission to reapply for admission, and
voluntariness. Participants will also gain an understanding of the
documents contained in an "A-file" and learn how to use information
found within them.
3) Trial Skills
Developing Theories and Themes and How to Use Them Effectively in
Opening Statements and Closing Arguments
Anthony Natale, AFPD, Southern District of Florida (invited)
Having a theme and/or theory of defense organizes your presentation and
helps you tell a compelling story that benefits your client. This session
will address how you develop theories and themes and weave them into
your defense.
4) Computer Crimes
An Overview of Computer Crimes
G. Patrick Black, Eastern District of Texas
This presentation will focus on federal computer and internet crimes
including hacking, identity theft, cyberstalking, unauthorized password,
3
and fraud. It will also provide tips on how to investigate an alleged
computer crime. Additionally, the session will focus on child
pornography cases with an in-depth discussion of statutes, constitutional
issues, search and seizure, pretrial detention, sentencing guidelines and
other related issues.
10:45 to 11:00 A.M. BREAK
Track Presentations
11:00 to 12 noon
1) Gangs
Investigation and Developing a Defense
Ellen Barry, Esq., Law Office of Ellen Barry, Los Angeles, CA
A large part of the defense in a gang case may depend on the results of the
investigative efforts. This session explores how those efforts can shape
the defense, and the importance of gathering facts to either attack the
government's theory or develop the defense theory.
2) Immigration
Grounds of Deportability and Inadmissibility Related to Crimes
Dan Kesselbrenner, Director, National Lawyers Guild Immigration
Project, Boston, MA
This session provides a careful examination of the types of convictions
that can lead to deportation of your clients who are not United States
citizens. This is important information to consider when advising your
client of his or her options in a criminal proceeding.
3) Trial Skills
Cross-Examination
Juval O. Scott , AFD, Southern District of Indiana Community Defender,
Inc.
This presentation will provide a discussion of cross-examination
techniques, and the need to fully investigate the background of the witness
including the details of his/her deal with the government.
4) Computer Crimes
Computer Based Sex Crimes: Defending Enticement and Child
Pornography Cases
Kim Savo, AFPD, Central District of California
This session will focus on some of the issues that often arise in
connection with the defense of internet-based sex crimes. Among other
topics, this session will cover the most commonly charged offenses,
detention issues, pretrial motions, trial defenses, and sentencing issues.
4
12:00 to 1:00 P.M.
1) Gangs
Pretrial Motions
Correen Ferrentino, Esq., Law Offices of Correen Ferrentino, Costa
Mesa, CA
This presentation looks at the specific types of motions that might be
successful in the defense of a client charged in a gang case. Specific types
of discovery motions might be applicable in the context of a gang case
and, motions in limine might be a major component of the defense. These
and other defense motions will be explored.
2) Immigration
Defending Against Charges of Alien Smuggling, Alien Transporting,
and Alien Harboring
Selena Solis, AFPD, Western District of Texas
Key to the government's prosecution is the testimony from "material
witnesses," who are themselves alleged undocumented immigrants. Learn
how to interview these witnesses and prepare effectively for cross-
examination (either in a deposition or at trial) and challenge the use of
deposition testimony. This session will also suggest pretrial motions and
trial strategies that will help you counter the assertion that your client
knew the people with whom he was traveling were undocumented
immigrants, and the allegation that the offense charged was committed for
profit.
3) Trial Skills
Evidence Meets Hollywood: A Workshop for Training the Litigator
Ear to Make, Meet, and Win Trial Objections
Francisco Morales, AFPD, Western District of Texas
Making, meeting, and winning trial objections starts with listening to
everything that occurs in the courtroom setting. The goal of this
presentation is to train the litigtator's ear in spotting, meeting, and winning
evidentiary objections. It will use a multimedia approach (television,
movies, music, etc.) to train the litigator's ear in determining proper
objections and a winning strategy for making and meeting objections.
4) Computer Crimes
Forensics
Rick Lavaty, Computer Systems Administrator, District of Arizona
Tami Loehrs, President, Law 2000, Tucson, Arizona
All is not as it seems when it comes to computers. Is what's on the screen
really there? And how did it get there? Does it belong to your client?
Who put it there and when did it get there? These questions may be key to
your defense. This session addresses those and similar issues that arise in
cases involving computers.
1:00 to 2:30 P.M. LUNCH
5
Track Presentations
2:30 to 3:30 P.M. 1) Gangs
Cross Examination of Gang Experts
Martin Sabelli, Esq., Law Offices of Martin Sabelli, San Francisco, CA
Gang prosecutions often rely on the use of expert testimony to classify
certain types of behavior as "gang related" or "gang activity". Learn what
types of questions to ask the "expert" about both his or her background
and the conclusions he or she is drawing from the prosecution's
allegations.
2) Immigration
Sentencing Defenses in Illegal Entry and Illegal Reentry Cases:
Gathering Evidence to Show Favorable § 3553(a) Factors,
Understanding §2L1.2, and Fighting the Aggravated Felony
Enhancements
James Langell, AFPD, District of New Mexico
Clients convicted of illegal reentry often face far longer sentences than
they did when convicted of more serious offenses prior to their
deportation. This session will help you assert § 3553(a) factors post- Rita,
Gall, and Kimbrough; argue against upward adjustments based on prior
aggravated felonies and drug-trafficking offenses; and make creative
sentencing presentations to the court.
3) Trial Skills
Using PowerPoint to Create Effective and Dynamic Closing
Arguments
Thomas C. Plunkett, Esq., St. Paul, Minnesota
Technology can be a powerful tool in the courtroom. Learn how to use
Powerpoint to make your closing arguments come alive for the jury.
4) Computer Crimes
Identity Theft
Martin Richey, Third Level Supervisory AFPD, District of Massachusetts
Identity theft is the crime du jour. This session will provide an
overview of federal identity theft and identity fraud cases, including
review of the relevant statutes and sentencing guidelines, and potential
pretrial, trial, and sentencing issues.
3:35 to 4:35 P.M. Supreme Court Update
Paul Rashkind, AFPD, Southern District of Florida
This session provides an update on recent Supreme Court decisions
affecting federal criminal practice, and reviews issues currently under
consideration
4:35 to 4:50 P.M. BREAK
6
4:50 to 5:50 P.M. Moving Beyond the Guideline Grid in Drug Sentencing Hearings:
Lessons from Crack Retroactivity
Martin Richey, Third Level Supervisory AFPD, District Of Massachusetts
Molly Roth, AFPD, Western District of Texas
This session will focus on the effective representation of clients who
benefit from the retroactive application of the new (lower) crack cocaine
sentencing guideline and of clients who have been recently convicted of
crack cocaine charges.
5:50 P.M. Adjournment
7
Friday, September 5, 2008
8:30 to 9:30 A.M. Plenary Session: Sentencing Update Panel Discussion
Sentencing Update Panel Discussion
Amy Baron-Evans, National Sentencing Resource Counsel, Boston, MA
Paul Hofer, Former Senior Analyst, United States Sentencing
Commission, Washington,D.C.,
The panelists will discuss the impact of the Supreme Court's decisions in
Rita, Gall and Kimbrough; the changes to the Sentencing Guidelines
effective November 1, 2007; and the potential areas for Guideline
amendments in 2008.
Repeat of Thursday Track Presentations Through 3:00 p.m.
9:40 to 10:40 AM 1) Gangs:
Defining the Gang
Kate Corrigan, Esq., Corrigan Law Corporation, APLC, Newport Beach,
CA
This session explores whether an "enterprise" even exists and whether the
acts attributed to your client were in furtherance of the enterprise or were
properly characterized as gang activities.
2) Immigration
Defending Against the Illegal Entry and Illegal Reentry Charges
Dennis Candelaria, AFPD, District of New Mexico
Element by element, this session will discuss concrete defenses to raise
against a charge of illegal entry or illegal reentry. Participants will gain an
understanding of defenses related to derivative and acquired citizenship,
collateral attacks on prior removals, the required mens rea, inadequate
corroboration of a confession, permission to reapply for admission, and
voluntariness. Participants will also gain an understanding of the
documents contained in an "A-file" and learn how to use information
found within them.
3) Trial Skills
Developing Theories and Themes and How to Use Them Effectively in
Opening Statements and Closing Arguments
Anthony Natale, AFPD, Southern District of Florida (invited)
Having a theme and/or theory of defense organizes your presentation and
helps you tell a compelling story that benefits your client. This session
will address how you develop theories and themes and weave them into
your defense.
4) Computer Crimes
An Overview of Computer Crimes
G. Patrick Black, Eastern District of Texas
This presentation will focus on federal computer and internet crimes
including hacking, identity theft, cyberstalking, unauthorized password,
and fraud. It will also provide tips on how to investigate an alleged
computer crime. Additionally, the session will focus on child
pornography cases with an in-depth discussion of statutes, constitutional
8
issues, search and seizure, pretrial detention, sentencing guidelines and
other related issues.
10:40 to 10:55 AM Break
Track Presentations
10:55 A.M. to 11:55 1) Gangs
Investigation and Developing a Defense
Ellen Barry, Esq., Law Office of Ellen Barry, Los Angeles, CA
A large part of the defense in a gang case may depend on the results of the
investigative efforts. This session explores how those efforts can shape
the defense, and the importance of gathering facts to either attack the
government's theory or develop the defense theory.
2) Immigration
Grounds of Deportability and Inadmissibility Related to Crimes
Dan Kesselbrenner, Director, National Lawyers Guild Immigration
Project, Boston, MA
This session provides a careful examination of the types of convictions
that can lead to deportation of your clients who are not United States
citizens. This is important information to consider when advising your
client of his or her options in a criminal proceeding.
3) Trial Skills
Cross-Examination
Juval O. Scott , AFD, Southern District of Indiana Community Defender,
Inc.
This presentation will provide a discussion of cross-examination
techniques, and the need to fully investigate the background of the witness
including the details of his/her deal with the government.
4) Computer Crimes
Computer Based Sex Crimes: Defending Enticement and Child
Pornography Cases
Kim Savo, AFPD, Central District of California
This session will focus on some of the issues that often arise in connection
with the defense of internet-based sex crimes. Among other topics, this
session will cover the most commonly charged offenses, detention issues,
pretrial motions, trial defenses, and sentencing issues.
9
11:55 to 1:00 PM LUNCH
Track Presentations
1:00 PM to 2:00 PM
1) Gangs
Pretrial Motions
Correen Ferrentino, Esq., Law Offices of Correen Ferrentino, Costa
Mesa, CA
This presentation looks at the specific types of motions that might be
successful in the defense of a client charged in a gang case. Specific types
of discovery motions might be applicable in the context of a gang case
and, motions in limine might be a major component of the defense. These
and other defense motions will be explored.
2) Immigration
Defending Against Charges of Alien Smuggling, Alien Transporting,
and Alien Harboring
Selena Solis, AFPD, Western District of Texas
Key to the government's prosecution is the testimony from "material
witnesses," who are themselves alleged undocumented immigrants. Learn
how to interview these witnesses and prepare effectively for cross-
examination (either in a deposition or at trial) and challenge the use of
deposition testimony. This session will also suggest pretrial motions and
trial strategies that will help you counter the assertion that your client
knew the people with whom he was traveling were undocumented
immigrants, and the allegation that the offense charged was committed for
profit.
3) Trial Skills
Evidence Meets Hollywood: A Workshop for Training the Litigator
Ear to Make, Meet, and Win Trial Objections
Francisco Morales, AFPD, Western District of Texas
Making, meeting, and winning trial objections starts with listening to
everything that occurs in the courtroom setting. The goal of this
presentation is to train the litigtator's ear in spotting, meeting, and winning
evidentiary objections. It will use a multimedia approach (television,
movies, music, etc.) to train the litigator's ear in determining proper
objections and a winning strategy for making and meeting objections.
4) Computer Crimes
Forensics
Rick Lavaty, Computer Systems Administrator, District of Arizona
Tami Loehrs, President, Law 2000, Tucson, Arizona
All is not as it seems when it comes to computers. Is what's on the screen
really there? And how did it get there? Does it belong to your client?
Who put it there and when did it get there? These questions may be key to
your defense. This session addresses those and similar issues that arise in
cases involving computers.
10
Track Presentations
2:00 to 3:00 P.M. 1) Gangs
Cross Examination of Gang Experts
Martin Sabelli, Esq., Law Offices of Martin Sabelli, San Francisco, CA
Gang prosecutions often rely on the use of expert testimony to classify
certain types of behavior as "gang related" or "gang activity". Learn what
types of questions to ask the "expert" about both his or her background
and the conclusions he or she is drawing from the prosecution's
allegations.
2) Immigration
Sentencing Defenses in Illegal Entry and Illegal Reentry Cases:
Gathering Evidence to Show Favorable § 3553(a) Factors,
Understanding §2L1.2, and Fighting the Aggravated Felony
Enhancements
James Langell, AFPD, District of New Mexico
Clients convicted of illegal reentry often face far longer sentences than
they did when convicted of more serious offenses prior to their
deportation. This session will help you assert § 3553(a) factors post- Rita,
Gall, and Kimbrough; argue against upward adjustments based on prior
aggravated felonies and drug-trafficking offenses; and make creative
sentencing presentations to the court.
3) Trial Skills
Using PowerPoint to Create Effective and Dynamic Closing
Arguments
Thomas C. Plunkett, Esq., St. Paul, Minnesota
Technology can be a powerful tool in the courtroom. Learn how to use
Powerpoint to make your closing arguments come alive for the jury.
4) Computer Crimes
Identity Theft
Martin Richey, Third Level Supervisory AFPD, District of Massachusetts
Identity theft is the crime du jour. This session will provide an
overview of federal identity theft and identity fraud cases, including
review of the relevant statutes and sentencing guidelines, and potential
pretrial, trial, and sentencing issues.
3:00 to 3:15 P.M. BREAK
3:15 to 4:15 P.M. Breakout Sessions
1) The Nuts and Bolts of Federal Firearms Law
Leigh Skipper, APD, Defender Services of Philadelphia
This presentation will cover the most common legal issues arising during
both the guilt-innocence phase and the sentencing phase of federal
firearms cases, with particular emphasis on prosecutions under 18 U.S.C.
922(g)(1) and 924(e) (the felon in possession statutes) and the
corresponding sentencing guideline, USSC 2K2.1. Common trial defenses
and sentencing enhancements, including the statutory enhancement for
11
"armed career offenders," will be discussed in detail. Two papers -- one
covering guilt-innocence issues and the other addressing the firearms
sentencing guideline -- will be distributed.
2) Attacking Wiretaps
Liliana Coronado, AFPD, Central District of California
Callie Glanton Steele, AFPD, Central District of California
A step-by-step discussion of how to attack wiretap evidence.
3) Conspiracy, Rico and Co-Defendant Issues
Instructor TBA
Most of the cases that are being paneled are co-defendant cases, primarily
conspiracies. These cases are increasingly focusing on gangs and
charging CCEs and RICO. This session will discuss what the government
has to show to prove a bona fide conspiracy; what motions (severance, bill
of particulars, exclusion of evidence, etc.) to file; how to find out who the
government's informants are; and how to get interviews with them.
4)The Adam Walsh Act
Nicole Kaplan, AFPD, Northern District of Georgia
The Adam Walsh Child Protection and Safety Act of 2006 was enacted on
July 27, 2006. In addition to establishing a national sex offender registry
law, the Act made significant changes to sexual abuse, exploitation, and
transportation crimes. The Act created new substantive crimes, expanded
federal jurisdiction over existing crimes, and increased statutory minimum
and/or maximum sentences. This session will provide an overview of the
Act and discuss bail, discovery and prophylactic measures.
5) CJA Resource Issues and Tips for Managing Electronic Discovery
Sean Broderick, National Litigation Support Administrator, Oakland, CA
Randall Schnack, CJA Supervising Attorney, Central District of California
(Invited)
This session will discuss how to obtain funding when you need technical
and other litigation support. There will be an emphasis on IPRO Tiff and
Adobe Acrobat PDF formats, two application file formats that the
government is using for electronic discovery. This session offers CJA
practitioners an opportunity to ask very knowledgeable and experienced
panel experts/administrators any questions you have about CJA
administrative policies.
6) Jury Instructions
Jay L. Lichtman, Esq., Law Offices of Jay L. Lichtman, Los Angeles, CA
A discussion of how to prepare jury instructions and special verdict forms
that address the issues that arise in criminal cases, including unanimity
instructions, conspiracy instructions and other instructions relevant to
multiple count and multiple defendant cases.
12
7) Experts: When You Should Consider Using Them
Eric Vos, AFPD, District of Maine
A discussion of the use of experts in a criminal case, both pretrial and
during trial, including admissibility of evidence, qualifying the expert to
testify and cross-examining the government's expert.
4:20 to 5:20 P.M. How to Discover and Challenge Warrantless Digital Searches and
Seizures
Jennifer Granick, Esq., Electronic Frontier Foundation, San Francisco,
CA
Matt Zimmerman, Esq., Electronic Frontier Foundation, San Francisco,
CA
A discussion of novel issues of statutory and constitutional digital search
and seizure law, including remote searches of data stored on computer
networks, access to copies of e-mail and text messages with less than
probable cause, warrantless tracking of suspects via cell phone
information, and dragnet surveillance of internet traffic.
5:20 P.M. Adjournment
13
Saturday, September 6, 2008
Track Presentations
1) Non-Capital Mitigation
In Booker/Fanfan, the Supreme Court confirmed the relevance of the nature and
circumstances of the offense and the history and characteristics of the defendant. (18 USC
Section 3553(a)) These sessions are designed to help the defense attorney in the development
and presentation of mitigating factors, including narrative approaches to telling the client's
story, interpretation of life history records, utilizing community resources, and effective
strategies in sentencing presentations.
2) Mortgage Fraud
As a result of issues in the housing industry a new breed of fraud prosecutions has emerged.
Defending these cases requires defense counsel to learn a new industry complete with its
own unique terms and specialized forms. This track looks at those terms, the documents
involved in the transactions and offers suggestions on how to best defend against the charges
in these types of cases.
3) Mental Health
This track discusses the various types of mental heath issues which can impact the defense
of your client. Learn the signs which may signal the need for the services of a mental
health expert. What you learn can impact how you interact with your client, the defense
you pursue and the sentencing factors you present to the court.
Track Presentations
8:30 to 9:30 A.M.
1) Non-Capital Mitigation
Conceptualizing Mitigation
Robert Dunham, Assistant Federal Defender, PAE
Stuart Lev, Assistant Federal Defender, PAE
This session will provide a integrated framework for understanding what
mitigating evidence is, and how to investigate and present it. It will start
with a summary of recent Supreme Court case law reaffirming the core
principle that defendants have a constitutionally protected right to present
mitigating evidence, and that state statutes, instructions, and evidentiary
rules must provide juries a meaningful opportunity to give effect to what
makes the evidence mitigating. The session will teach new lawyers how
to "think large" about mitigating circumstances: describing the multiple
dimensions and interrelatedness of what may sometimes appear to be
different kinds of mitigating evidence; explaining how to investigate and
develop testimony from family and lay witnesses, institutional records,
case-related institutional witnesses, and defense social history and mental
health experts to most persuasively present interrelated mitigation themes.
It will use age, poverty, and antisocial personality disorder as stepping-off
points to illustrate the personal, social, psychological, and
14
neuropsychological dimensions of mitigating evidence and explore the
differences between the type of superficial investigation and presentation
of these factors that are frequently seen at trial and the type of thorough
investigation and presentation the constitution requires and our clients
deserve.
2) Mortgage Fraud
Introduction to Mortgage Fraud, Terms and Players
Angela Parrott, AFPD, Western District of North Carolina
Kevin Tate, AFPD, Western District of North Carolina
This session will provide an overview of the unique terms and forms
associated with the mortgage application process and the role of the
different players in the typically charged mortgage fraud scheme.
3) Mental Health
Recognizing and Confronting Mental Health Issues
Kurt May, AFPD, Western District of Texas
Is your client a difficult personality? Does he/she have mental health
issues that impact his/her ability to assist the defense? Does the condition
provide a defense or significant mitigation evidence? Learn about the
signs that could indicate the need for further evaluation and what to do
with the information once you have it.
4) Track Presentations
9:30 to 10:30 A.M. 1) Non-Capital Mitigation
Telling Your Client's Story
Lori James-Townes, Investigator, Mitigation Specialist, Lori James-
Townes and Associates, Baltimore, MD (Invited)
An effective mitigation presentation requires the services of a mitigation
specialist/investigator. This presentation details the skills and services
that those professionals can provide to the defense team. Learn how to
work as a team to uncover those aspects of your client's life experiences
that may play a significant role in sentencing and the overall defense
strategy. This session explores narrative approaches to telling the client's
story and how to use these techniques to support lower sentences.
15
Track Presentations
2) Mortgage Fraud
Obtaining Critical Documents Outside of Discovery In Preparation
For A Dispute On Loss
John Nicholson, AFPD, Northern District of Texas
This session will provide an introduction to determining loss and will
outline critical documents that should be obtained that are not ordinarily
provided in discovery
3) Mental Health
Recognizing and Understanding Mental Retardation, Learning
Disabilities and A.D.D.
Nancy Cowardin, Ph.D., Educational Diagnostics, Whittier, California
This session will help you determine if a client suffers from mental
retardation, learning disabilities and/or attention deficit disorder. It will
show you how you can use this information to help you formulate your
defense or sentencing theory. (NOTE: Participants should plan to attend
both the 9:30 a.m. and the 10:45 a.m. sessions. The 9:30 a.m. session will
deal with mental retardation, and the 10:45 a.m. session will deal with
learning disabilities and attention deficit disorder.)
10:30 to 10:45 A.M. Break
Track Presentations
10:45 to 11:45 A.M. 1) Non-Capital Mitigation
Working With Life History Records
Lori James-Townes, Investigator, Mitigation Specialist, Lori James-
Townes and Associates, Baltimore, MD (Invited)
Social history records are key in the presentation of mitigating evidence at
sentencing, and are objective tools to document life experiences.
Participants in this hands-on workshop will discuss techniques for
obtaining client records and personal history; how to decipher life history
records including recognizing signs of adverse developmental experiences
such as mental illness, developmental disorders including mental
retardation, learning disabilities, and abuse; and identification of
additional lay witnesses and records referenced in collected documents.
2) Mortgage Fraud
Litigation Tactics and Defending A Mortgage Fraud Case
Kevin Tate, AFPD, Western District of North Carolina
This session will discuss defense strategies, pretrial motions, defenses to
the offense of mortgage fraud.
16
3) Mental Health
Recognizing and Understanding Mental Retardation, Learning
Disabilities and A.D.D.
Nancy Cowardin, Ph.D., Educational Diagnostics, Whittier, California
This session will help you determine if a client suffers from mental
retardation, learning disabilities and/or attention deficit disorder. It will
show you how you can use this information to help you formulate your
defense or sentencing theory. (NOTE: Participants should plan to attend
both the 9:30 a.m. and the 10:45 a.m. sessions. The 9:30 a.m. session will
deal with mental retardation, and the 10:45 a.m. session will deal with
learning disabilities and attention deficit disorder.)
11:50 to 12:50 PM Plenary: Panel Discussion "Ethical Issues Confronting Criminal
Defense Attorneys"
Moderator: H. Michael Sokolow, First Asst Federal Public Defender,
Southern District of Texas
Panelists: Evan A. Jenness, Esq., Law Offices of Evan A. Jenness,
Santa Monica, CA
D. Majeeda Snead, Esq., Associate Clinical Professor of
Law Loyola University, New Orleans, LA
Omodare Jupiter, AFPD, Southern District of Mississippi
12:50 to 1:00 PM Closing Remarks and Adjournment
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ADMINISTRATIVE OFFICE OF THE U.S. COURTS
OFFICE OF DEFENDER SERVICES TRAINING BRANCH
Persuasive Writing for Trial Lawyers
AGENDA
Los Angeles, CA, September 4-5, 2008
Thursday, September 4, 2008
8:30 to 9:15 Putting the Persuasion in Persuasive Writing Writing Factually and
Telling a Story that Lets You Win (Even When You Are Writing About Law and
Motions)
9:15 to 10:00 Putting the Writing in Persuasive Writing Techniques to Make Sure
Your Writing is Clear, Logical and Persuasive
10:00 to 10:15 BREAK
10:15 to 11:00 Discussing the Pre-Conference Assignment Problem
11:00 to Noon Group Reviews and Edits of Writing Assignments
Noon to 1:15 LUNCH
1:15 to 2:00 Group Reviews and Edits of Writing Assignments
2:00 to 3:00 Written Sentencing Advocacy: What Works and What Doesn't Work
3:15 to 3:15 BREAK
3:15 to 4:15 Discussion of the Writing Assignment Problem for Tomorrow
Homework: Write the Pre-Sentence Memorandum in Deems
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Friday, September 5, 2008
9:00 to 10:30 Group Discussion and Editing of Sentencing Memoranda
10:30 to 10:45 BREAK
10:45 to Noon Enhancing Written Advocacy With Pictures, Charts and Graphics
Faculty:
Ira Mickenberg, Esq.
Kate Menendez, AFPD, District of Minnesota
Rosemary Cakmis, AFPD, Middle District of Florida
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ADMINISTRATIVE OFFICE OF THE U.S. COURTS
OFFICE OF DEFENDER SERVICES TRAINING BRANCH
Multi-Track Federal Criminal Defense Seminar:
Strategies For Defending Complex Cases
September 4-6, 2008
Los Angeles, California
Fundamentals of Federal Criminal Defense Track
September 4, 2008
Draft Agenda
(June 24, 2008)
Fundamentals of Federal Criminal Defense
Designed to give an overview to new federal practitioners, this track addresses topics that are
essential to defending clients in federal criminal cases.
9:00 to 10:00 A.M. Bail Reform Act
Frank Morales, AFPD, Western District of Texas
How can you maximize your chances of getting your client
released under the Bail Reform Act? This session will address
pretrial interviews, third party custodians, other favorable
witnesses, the detention hearing, the appeal of a detention order
and release pending appeal
10:00 to 10:15 A.M. BREAK
10:15 to 11:15 A.M. Discovery Issues With a Twist Rule 16 and More
Michael Kennedy, First Assistant Federal Public Defender,
District of Nevada
David Anthony, AFPD, Capital Habeas Unit, District of Nevada
A look at discovery issues from the combined perspectives of a
trial attorney and attorneys working on cases post-conviction. This
session addresses the requirements of Rule 16, but goes beyond it
by looking at discoverable evidence from the perspective of a
lawyer seeking post conviction relief. Learn about other avenues
to discoverable evidence that might be helpful if considered while
mounting a defense to criminal charges
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11:20 to 12:20 P.M. Introduction to the Federal Sentencing Guidelines
Sentencing Guidelines 101
Stephen L. Marley, Attorney-Advisor, Training Branch, Office of
Defender Services, Washington, D.C.
Alan Dorhoffer, United States Sentencing Commission,
Washington, D.C.
This session will cover the basics of applying the federal
sentencing guidelines.
12:20 to 2:00 P.M. LUNCH
2:00 to 3:00 P.M. Plea Negotiations and Proffers
Yasmin Cader, AFPD, Central District of California
A discussion of how to negotiate a plea, with a particular focus on
providing charge alternatives that limit a client's exposure, and
avoiding pitfalls as you guide your client through proffers to the
government.
3:05 to 4:05 P.M. The Lazy Susan: Federal Rules of Evidence 404 and 405
Omodare Jupiter, AFPD, Southern District of Mississippi
This session reviews the basics of Rule 404(b), but wait: what
could be more fun than turning the tables on the prosecutor?
While we are naturally more comfortable playing defense in trial,
this presentation also explores the benefits of going on offense by
using rules 404 and 405 to introduce character evidence of an
alleged victim or a government witness.
4:05 to 4:20 P.M. BREAK
4:20 to 5:20 P.M. Fundamentals of Federal Criminal Defense Track
"Oh Acquittal Where Art Thou: Using Fed.R.Crim.P. 29, 30,
32, 33, 34, and 35 to Win Trials and Influence Sentencing
Robert Truitt, Staff Attorney, Federal Community Defenders for
the Northern District of Indiana
Windy Venable, Attorney-Advisor, Office of Defender Services,
Legal Policy Branch, Washington, D.C.
This presentation will examine Federal Rules of Criminal
Procedure 29, 30, 32, 33, 34, and 35 in the context of trial and
sentencing. The session will examine how these rules work
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together to form a defense strategy which will either terminate the
litigation in our client's favor or provide the necessary support for
a new trial in the event of a faulty conviction. The sentencing
process found in Rules 32 and 35 arm the defense with the tools to
obtain the lowest possible sentence for our clients. The session
will also examine the implications of Rita v. United States on the
courts' sentencing process.
5:20 P.M. Adjournment
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