Please be advised that registration for all Training Division Events is limited to persons who provide services pursuant to the Federal Criminal Justice Act (CJA). For more information please read our Training Events Registration Disclaimer.
If you have any questions about registering, please emailus.
Dec 31
Fundamentals of Federal Criminal Defense - Virtual Program (Recordings)
Fundamentals is designed for those new to federal criminal defense practice and addresses topics that you will likely encounter in your practice, such as ways to recognize and reduce racial injustice in the federal courts, the Bail Reform Act, the essential role of investigation in CJA cases, mental health issues, discovery and motion practice, pleas and proffers, the basics of sentencing and the sentencing guidelines, application of the sentencing guidelines, the categorical approach, the Bureau of Prison, and federal appeals.
Materials and links for the sessions are provided by clicking this link.
29
The Force Clause Post-Borden Part 2: Application of Borden to Cases on Collateral Review
In Borden v. United States, 141 S. Ct. 1817 (2021), the Supreme Court held that a criminal offense that requires only a mens rea of recklessness cannot count as a "violent felony" under the Armed Career Criminal Act's (ACCA's) force clause or elements clause. There is a strong argument that Borden announced a new substantive rule that applies retroactively to cases on collateral review because it is substantive in that it alters the range of conduct or class of persons punished by ACCA. Cf. Welch v. United States, 136 S. Ct. 1257, 1265 (2016) (holding the rule announced in Johnson v. United States, 135 S. Ct. 2551 (2015) (invalidating ACCA’s residual clause), is substantive and applies retroactively). The one-year limitation period for filing a § 2255 motion to vacate based on Borden will run from the date on which the Supreme Court decided Borden (June 10, 2021), not from the date on which the Supreme Court initially determines that Borden applies retroactively. This webinar will analyze Borden and its application to the ACCA and other cases that are final on direct review, i.e., post-conviction relief under 28 U.S.C. §§ 2255 & 2241. In doing so, this session will pick up where our first Borden webinar on August 25, 2021 left off.
Paresh Patel is currently the Appellate Chief at the Office of the Federal Public Defender for the District of Maryland. He has been at the Federal Public Defender since 2003. Before then, he worked as a staff attorney at the Public Defender Service in Washington, D.C. and the Office of the Appellate Defender in New York, New York. In 1999-2000, he clerked for the Honorable Ancer L. Haggerty of the United States District Court for the District of Oregon in Portland. Paresh earned his J.D. from American University in 1996, and he received his undergraduate degree from the University of Southern California in 1993.
Erin Rust was counsel of record in United States v. Borden, 141 S. Ct. 1817 (2010), and is currently an Assistant Federal Defender serving in the Appellate Unit at Federal Defender Services of Eastern Tennessee, Inc. She has been with Federal Defender Services since 2014 handling retroactive/post-conviction cases and district court cases in the Trial Unit before transitioning to appeals. Previously she was in private practice. Erin earned her J.D. from Washington University in St. Louis in 2010, and her undergraduate degree from Maryville College in 2006.
18 - 26
The Andrea Taylor Sentencing Advocacy Workshop - Virtual Program
The Andrea Taylor Sentencing Advocacy Workshop (Virtual Program) focuses on a vital area of federal practice that has evolved since the Supreme Court declared the federal sentencing guidelines were advisory and no longer mandatory. Since approximately 97% of federal criminal cases continue to the sentencing phase, participation in the Sentencing Advocacy Workshop should not be missed. The Sentencing Advocacy Workshop teaches a comprehensive approach to sentencing where participants are trained to develop persuasive, fact-based, sentencing theories, and are provided with the advocacy skills necessary to advance their theories both in writing and during sentencing hearings. Presentations and demonstrations at the workshop include client-centered communication, interviewing for mitigation, fact busting, developing persuasive theories and themes, storytelling at sentencing, persuasive writing, and persuasive presentation
This virtual iteration of the workshop consists of pre-recorded videos and small group breakout sessions. In the small group sessions, participants will use pending cases of their own to bust the facts, develop theories and themes, practice storytelling, persuasively write part of their sentencing memorandums and discuss how best to conduct sentencing hearings.
Please note that due to the workshop format of this program, participants must commit to attend all parts of this workshop, i.e., prepare for the workshop sessions by watching all seven (7) pre-recorded videos, and attend all six (6) live small group breakout sessions.
Enrollment for this program is limited to 60 participants – priority will be given to those people who have not attended this workshop in the past.
Live virtual small groups October 18-21 (Monday-Thursday) & 25-26 (Monday-Tuesday) 3:30 to 5:30 (EDT) (12:30 to 2:30 (PDT))
Nov 2
Trial Skills Workshop / Crimes Decoded: Emerging Digital Litigation Technology Strategies (Virtual)
Crimes Decoded explores the intersection of digital technology and zealous advocacy in criminal cases. We aim to increase understanding and inspire CJA lawyers and Federal Public Defenders to think innovatively about how to litigate issues surrounding the digital technology that increasingly permeates their cases. We aim to build lawyers’ confidence to use traditional advocacy skills with a new understanding of the potential challenges to the technology that law enforcement is using. With knowledge and skills, we can be successful in all phases of representation.
TSW/CD is entirely live this year. Participants will meet in virtual rooms for all presentations, demonstrations and also for small group sessions where they will engage in concrete skills exercises.
The program consists of 11 live presentations, 5 workshop sessions, 2 demonstrations, a coffee talk where we invite participants to seek advice on any active cases from our experienced faculty, and an optional social gathering.
A limited number of spaces are available given the hands-on practice format of this workshop. Once you register, you will be placed on a waitlist. Applicants will be sent a link to submit supplemental information at the time of registration. This supplemental information form must be returned no later than September 22, 2021, to be considered for admission to the workshop.
Given the limited spaces, we ask that you commit to attending all live presentations and small group session. They meet Monday-Thursday, October 25-28, and Monday-Tuesday, November 1-2. Each of the six days of this workshop starts at 1:00 p.m. ET and ends by 5:00 p.m. at the latest.
3
Dancing in the Dark: Fentanyl Analogues
Since fiscal year 2016, there has been a massive 5,725% increase in federal prosecutions involving fentanyl analogues. Across the country, these substances are cropping up in many different types of drugs prosecutions. But what is a fentanyl analogue, exactly? This presentation will explain what fentanyl analogues are, recommend strategies for building your defense, and identify sentencing arguments to help you advocate for lower sentences for your clients.
Presenter
Patricia L. Richman serves as the National Sentencing Resource Counsel to the Federal Public and Community Defender, where she leads legislative and policy work. Previously, Patricia served as a Detaile Counsel on the Judiciary Committee for U.S. Senator Richard J. Durbin and as an Assistant Federal Public Defender in Baltimore, Maryland and in Greenbelt, Maryland. Before joining the Federal Public and Community Defenders, Patricia worked as an associate at Williams & Connolly LLP, and as a clerk to the Honorable Cynthia M. Rufe, United States District Judge for the Eastern District of Pennsylvania. Prior to law school, Patricia taught special education in Prince George’s County, Maryland. Patricia earned her law degree from Duke University School of Law; she also holds a M.S. in Special Education: Mild-to-Moderate Disabilities from Johns Hopkins University and a B.A. from St. Mary’s College of Maryland.
8 - 12
Orientation Seminar for Assistant Federal Defenders
This seminar for new assistant federal defenders includes a mix of topics on substantive federal criminal law, sentencing, trial tactics, evidence, and ethics. Most topics are presented in plenary lectures while some are offered in breakout sessions.
For more information regarding this program, including registration materials, please contact Chuck Arberg at the Federal Judicial Center at (202) 502-4050 or e-mail him at carberg@fjc.gov. The agenda and materials will be posted at the Federal Judicial Center's intranet page.