Federal Sentencing
Guidelines, enhancements, mandatory minimums and the safety valve. 55 articles and videos.
- Scratched Serial Numbers Enhancement Does NOT Count If Gun Is Traceable. Glock Machine Gun Switch.September 30, 2026 · ▶ Video
A Glock with a machinegun switch had its serial number stamped in three places. Two were scratched off. The Fourth Circuit says that is not enough for…
- San Diego Federal Drug Trafficking AttorneyGuide
Facing federal drug trafficking charges in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm has defended clients in the Southern District of…
- San Diego Federal Firearms AttorneyGuide
Facing federal firearms charges in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm defends clients against 18 USC 922 and related federal…
- San Diego Second Offense DUI AttorneyGuide
Facing a second DUI in San Diego? The stakes are significantly higher than your first offense. Attorney Anton Vialtsin at LAWSTACHE Law Firm fights…
- Local Fentanyl Dealer Worked From HOME — And It Cost Him Extra Years in Prison b/c Home EnhancementMarch 18, 2026 · ▶ Video
In this video, we break down United States v. Tekola (9th Cir. 2026), where court upheld a 2-level enhancement U.S.S.G. § 2D1.1(b)(12)
- New 2025 Federal Sentencing Guidelines Just Changed Everything for Drug Cases. Are You Eligible?December 24, 2025 · ▶ Video
Transporting drugs across San Diego-Mexico border, 2025 federal sentencing guideline amendments significantly reduce your prison exposure
- Top 10 Criminal Law Cases and Myths | PART 9: Everything you need to know about your SENTENCING.November 12, 2025 · ▶ Video
Learn how United States v. Booker (2005) changed federal sentencing by making the guidelines advisory and restoring judges’ discretion.
- Expunged But Not Forgotten: How the Feds Use ‘Dismissed’ Charges Against You. Is PC 1203.4 worth it?July 23, 2025 · ▶ Video
In this video, attorney Anton Vialtsin breaks down the Ninth Circuit’s 2025 ruling in United States v. Robert Louis Carver — a major case on how…
- Is there a JURY in Federal Supervised Release Revocation Hearings? Federal Probation Violation?June 4, 2025 · ▶ Video
The panel affirmed the district court’s revocation of Jackson Daniel Bowers’ supervised release in a case in which Bowers argued that Article III,…
- 58% less FRAUD prosecutions. FBI’s new focus on Trump’s immigration crackdown. “Loss” in FRAUD casesMay 28, 2025 · ▶ Video
The latest government case-by-case records reveal that as of March 31, 2025, federal efforts to prosecute white-collar crimes have continued to decline…
- Federal Court Can Give LOWER Sentence to Defendant Who DIDN’T Know the Purity of the Drugs DeliveredMarch 12, 2025 · ▶ Video
Jesus Munguia Mendoza appeals the sentence imposed following his plea of guilty to possession of methamphetamine with intent to distribute, a violation…
- DOJ to reclassify cannabis to schedule III, drug priors trigger mandatory min., say sorry to a cop.August 30, 2024 · ▶ Video
Justice Department Publishes Proposed Rule to Reclassify Cannabis, Begins Accepting Public Comments The Department of Justice (“DOJ”) proposes to…
- Can Police Prolong a Traffic Stop to Pat Down and Frisk a Driver Because He Wears a Fanny Pack?August 20, 2024 · ▶ Video
The panel affirmed the district court’s denial of a motion to suppress evidence discovered following a traffic stop, and remanded for the district…
- San Diego Federal AttorneyGuide · ▶ Video
San Diego Federal Attorney Anton Vialtsin has over a decade of federal criminal defense experience. He is considered the best federal attorney in San Diego.
- San Diego Federal Crimes AttorneyGuide · ▶ Video
Facing Federal Criminal Charges in San Diego? LAWSTACHE federal criminal defense attorneys handle drug and white collar federal crimes. Call 619-357-6677.
- Should I hire a criminal defense lawyer even if I’m guilty?Guide
San Diego Criminal Defense Attorney Anton Vialtsin explains why you should hire a lawyer even if you think you are guilty. Call 619-357-6677
- Acceptance of responsibility levels under § 3.E1.1 of the federal sentencing guidelines.August 18, 2023 · ▶ Video
San Diego Criminal Defense Attorney Anton Vialtsin discusses acceptance of responsibility under federal law. Call us at 619-357-6677
- After the end of traffic stop, police officer did not inform driver that he was free to leave.Guide · ▶ Video
Facing federal or state charges in San Diego? Attorney Anton Vialtsin explains US v. Gonzalez, vehicle searches, and ATF involvement.
- Defining “victim” under federal fraud sentencing guidelines. Sentenced to 27 Years.Guide · ▶ Video
Who counts as a fraud victim under federal law? Learn how courts define victims in fraud cases, sentencing enhancements, and defenses.
- Facing State & Federal charges? Do sentences run concurrent (same time) or consecutive (following)?Guide · ▶ Video
Notably absent from the court’s explanation was any mention of U.S.S.G.§ 5G1.3(c), which provides: (c) If . . . a state term of imprisonment is…
- Minor Role under federal sentencing guidelines §3B1.2 and the factors that judges heavily rely on.Guide · ▶ Video
Fact-Based Determination.—The determination whether to apply subsection (a) or subsection (b), or an intermediate adjustment, is based on the totality…
- Part 5: Conspiracies | Rebuttal use of co-defendant’s statements in trial. Confrontation Clause.Guide · ▶ Video
At respondent’s Tennessee state court trial for murder, the State relied on a confession that respondent made to the Sheriff. Respondent testified that…
- Part 6: Conspiracies | Defenses | Withdrawal (leaving) from the conspiracy. Schorovsky caseGuide · ▶ Video
The offense level of a defendant convicted of drug trafficking is determined by the quantity of drugs involved in the offense. The quantity includes…
- Beware of jumping criminal history categories in Federal Court if you have pending State charges.Guide · ▶ Video
Learn about Hidey Diaz, charged with illegal reentry under 8 U.S.C. § 1326(a) after a state conviction. Call San Diego Criminal Lawyer
- Ex-Arizona politician and attorney devised and ran a criminal adoption scheme. Sentenced to 6 years.Guide · ▶ Video
Paul Petersen, a licensed attorney, devised and ran a criminal adoption scheme where he and others working for him profited by paying to induce…
- Is transportation of marijuana a “controlled substance offense” under Career Offender guidelines?Guide · ▶ Video
David Martinez appeals his sentence following conviction for importation of marijuana, in violation of 21 U.S.C. SS 952 and 960. Martinez argues that…
- Marijuana state prior doesn’t count as “controlled substance offense” under Federal GuidelinesGuide · ▶ Video
The panel filed (1) an order withdrawing an opinion filed November 23, 2020 (previously amended on December 11, 2020); and (2) an amended opinion…
- Children are often the “hidden victims” of the criminal justice system. Family ties departure.Guide · ▶ Video
Worried about what happens to your kid when you go to prison? Learn how courts consider family ties in sentencing, and how a lawyer helps.
- Convicted of manslaughter for running an elderly care and admitting someone with dementia? SkiffGuide · ▶ Video
Learn how elderly care manslaughter cases are prosecuted in California. Understand charges, penalties, and defense strategies. San Diego Law
- Don’t be taking naps during a robbery! Counting terms of imprisonment in 2 statutes but only 1 “act”Guide · ▶ Video
Jose Marcos Barrios hijacked I. Hsiung and his car for a robbery. Barrios took the cash from Hsiung’s wallet and ordered Hsiung to drive them both to…
- Incompetent arsonists fail four times to burn down competitors liquor store. IAC claim.Guide · ▶ Video
Defendant Munir Mtanews Hawara owned a liquor store. He hired one Willis Simmons to burn down a rival liquor store. Simmons tried to burn it down once,…
- The case we were all waiting for! “And” is unambiguously conjunctive, so “and” means AND not OR.Guide · ▶ Video
Another Safety-Valve case! Title 18 U.S.C. § 3553(f), commonly called the “safety valve,” allows a district court to sentence a criminal defendant…
- What judge considers at sentencing? What judge CANNOT consider before revoking supervised release?Guide · ▶ Video
Before imposing a sentence, the district judge must consult 3553(a) factors, which are found below. In imposing or revoking supervised release under…
- What should you do while on pre-trial release? Post-offense rehabilitation. Gall v. United StatesGuide · ▶ Video
Before sentencing an individual the just must consult the sentencing guidelines and sentence according to the 18 USC 3553(a) factors. Petitioner Gall…
- Safety-valve eligibility, mandatory minimum sentences, relevant conduct, and a gun.Guide · ▶ Video
Devin Hodgkiss pleaded guilty to distributing 50 grams or more of methamphetamine in April 2018, see 21 U.S.C. § 841(a)(1), and to possessing a firearm…
- What is Minor Role reduction? How to calculate the federal sentencing guidelines in drug offenses?Guide · ▶ Video
In this video, I will explain how to calculate the federal sentencing guidelines under two scenarios: with minor role reduction and without. Mitigating…
- Sentencing hearing is very important in a criminal case. Having a good attorney helps! Object to PSRGuide · ▶ Video
SCUDDER, Circuit Judge. Police seized 143.7 kilograms of marijuana from Joel Helding’s car and apartment, and he pleaded guilty to possessing over 100…
- The Case of the Polite Bank Robber | USA v. PerezGuide · ▶ Video
Roberto Arturo Perez robs two banks. He was not carrying a weapon and gave the teller a note that read, “Put $5000 in an envelope. Put the note inside…
- How to avoid federal mandatory minimum sentence with 2018 First Step Act.Guide · ▶ Video
The First Step Act (P.L. 115-391) was signed into law by the President on December 21, 2018. The Act deals mostly with reentry of the incarcerated,…
- 5 Steps to Calculating the Federal Criminal History Category | San Diego Federal AttorneyGuide · ▶ Video
Here, federal attorney Anton Vialtsin explains how to calculate the criminal history category under the federal guidelines in 5 steps.
- Substantial risk of injury enhancement in transportation of illegal aliens | 8 USC § 1324Guide · ▶ Video
Creating Risk of Injury – §2L1.1(b)(6)* If the offense involved intentionally or recklessly creating a substantial risk of death or serious bodily…
- 5 Tips on Writing Character Letters to Influence the Judge in a Criminal Case.Guide · ▶ Video
Learn how reference and character letters can influence sentencing with tips from San Diego Criminal Defense Lawyer Anton Vialtsin.
- Three (3) things to consider when charged in a drug case in Federal Court.Guide · ▶ Video
These are the three things that you need to consider if you or your loved one is charged with a drug offense in federal court. 1. Bail Hearing. In…
- San Diego Alternative Sentences to ImprisonmentGuide
Attorney you hire for your case should be familiar with alternative sentencing structures. If fact, your defense counsel has an ethical obligation to…
- Violation of Federal Supervised ReleaseGuide
If you have been charged with Federal violation of probation or Federal violation of supervised release in San Diego federal court, contact LAWSTACHE™
- Judge: “You’ve got a good attorney that pulled a rabbit out of the hat for you.”Guide
See how Anton Vialtsin, a top San Diego criminal defense lawyer, secured a 365-day jail sentence for an attempted murder case that could have carried 5–14 years in state prison.
- Am I eligible for probation? | San Diego Criminal Defense AttorneysGuide
San Diego Criminal Lawyer will do everything in our power to keep you out of jail and argue for a probationary sentence. Contact us today.
- Can I get resentenced under Prop. 47 | (PC) 1170.18 | San Diego Prop 47 AttorneyGuide
San Diego Criminal Defense Lawyer to petition the San Diego Superior Court to Resentence under Penal Code 1170.18
- Help! Someone else’s criminal charges are on my record! [LiveScan]Guide
LiveScan FAQ on provides the following: “If you feel the information contained within your criminal history record is incorrect, you may submit a…
- Home Detention (PC 1203.016 and 1203.017)Guide
This program is ran by the San Diego Sheriff. You may be sentenced to probation with a custodial sanction instead of jail term. The sheriff must deem…
- Modification or Termination of ProbationGuide
Modification or Termination of Probation under PC 1203.3 If you have been sentenced for a misdemeanor or a felony crime, a judge could have imposed…
- Plea BargainingGuide
Plea bargaining is one of the most used aspects of our criminal justice system. Although we are taught in school that a jury trial is the cornerstone…
- San Diego Work FurloughGuide
Work Furlough is an alternative to jail sentence designed for offenders who are granted probation with custodial sanction. The offender is screened by…
- Sentencing and Custody CreditsGuide
What is Custody? In order to receive credit, the defendant must be in custody. Custody is where he/she is subject to restraints not shared by the…
- Modification or Termination of Probation under PC 1203.3Guide
Modification or Termination of Probation under PC 1203.3 If you have been sentenced for a misdemeanor or a felony crime, a judge could have imposed…