Conviction Related Insights & Resources

In federal court, some of the most important battles happen after trial—on appeal—where the focus shifts from emotion and witnesses to law, precision, and strategy. I recently argued a federal criminal appeal before the United States Court of Appeals, and the issues at stake highlight just how critical appellate advocacy...

Dr. Lonnie Joseph Parker, a Texarkana physician, was recently convicted in federal court of unlawfully prescribing opioids – a so-called “pill mill” prosecution. He received a 7-year sentence after a jury found him guilty on four counts of distributing controlled substances outside the usual course of professional practice. Notably, the...

Do we execute prisoners despite constitutional defects in the trial? The Supreme Court gives a silent answer in Crawford v. Mississippi. If you tell your lawyers not to admit you did it—and they do it anyway—does the Constitution guarantee you a new trial? And if that constitutional rule came after...

The Ninth Circuit's ruling in USA v. Holmes highlights a troubling trend in criminal trials—courts dismissing improper expert witness testimony as "harmless error." In Elizabeth Holmes' appeal, the court acknowledged errors in admitting expert-like testimony but upheld her conviction anyway. This article explores why relying on speculative harmless error rulings...

Nov 12  Written By Ronald Chapman II If a federal judge sees credible evidence that someone may be innocent—or that Congress itself now says his sentence is way too long—should the judge be allowed to take that into account when deciding compassionate release? On Wednesday, the Supreme Court will hear Fernandez...

FRED KOREMATSU AND JAPANESE INTERNMENT DURING WWII Of the 120,000 Japanese Americans subject to relocation, exclusion and internment during World War II only 12 resisted. Fred Korematsu was one of them. Those who willingly complied with the military order to leave their homes, businesses, and way of life complied not...

It’s been over 30 years since the Menendez brothers turned their family’s Beverly Hills mansion into a crime scene that would captivate the nation. Lyle and Erik Menendez, two young men from privilege, make the irreversible decision to turn their parents, José and Kitty Menendez, into tragic headlines. Armed with...

Michael Jeffries the CEO of Abercrombie and Fitch was indicted for sex trafficking. But amidst the P. Diddy, Weinstein, Epstein, and Cosby prosecutions, are we entering an era of post-truth prosecutions where we spend time reinventing the truth to make up for our past indiscretions? Federal Defense Attorney Ronald Chapman...

The Georgia School shooting father was charged with voluntary manslaughter very quickly after the shooting. Many legal experts are calling this move hasty and quick. Ronald Chapman breaks down the charges and why they might not succeed.

A prosecutor who lacks a law license, a jury that does its own research, strict liability for doctors who issue prescriptions and a crime without a harm. This is our current system of justice its getting more perverse every day. This is the unfortunate case of a physician prosecuted after...

In Betro v. United States, the Federal 6th Circuit Court of Appeals upheld federal healthcare fraud convictions despite improper comments that appealed to class bias, jury deliberations and use of co-conspirator plea agreements.

Dr. Adrian Talbot, a 100% service connected disabled vet with dementia was jailed after a conviction for unlawful distribution of controlled substances. He was a suboxone provider beloved by many and suffered from dementia rendering him not competent to stand trial according to experts.

Timothy Munzing is an “expert witness” who has testified extensively for the Government in opioid cases against physicians. Until inconsistent testimony resulted in an overturned verdict, he was widely used. Federal Defense Attorney Ronald Chapman cross-examines Munzing during the prelim of a Macomb County Michigan Doctor accused of overprescribing.

In United States v. Kousisis, Defendant challenges a federal wire fraud conviction under the fraud in the inducement theory. In this case, the 3rd Circuit expanded federal fraud statutes to include a theory where there was a false statement hat induced the victim to contract. Such an extension post Ciminelli...

Jack Smith’s January 6th prosecutions of Donald Trump and 500 other defendants are in jeopardy. Supreme Court granted certiorari in Fischer v. United States a case to determine if the Sarbanes Oxly statute criminalizing obstruction of an official proceeding, 18 U.S.C. 1512 requires a tangible item. The Supreme Court will...

Donald Trump’s First Amendment Defense Federal criminal defendants seeking precedent can make unlikely bedfellows. Charlotte Anita Whitney, a member of the Communist Labor Party, was convicted under the California Criminal Syndicalism Act for allegedly helping to establish an organization that advocated the violent overthrow of the government. Whitney argued that...

A post Ruan challenge heads to the Supreme Court. Convicted of unlawful prescribing, Dr. Roger Dale Anderson heads to the Supreme Court after the Sixth Circuit Court of Appeals stuck down his request to apply Supreme Court Precedent. Federal Criminal Appellate Attorney Ronald W. CHAPMAN II represents Anderson in asking...

In Jones v. Hendrix the Supreme Court barred the use of a 2241 petition to avoid the prohibition on successive 2255 petitions where there was a subsequent change in statutory interpretation. This causes a major hurdle for defendants where there is a subsequent change in the law post conviction and...

The 11th circuit issued its opinion on remand in Ruan v. United States and determined that the jury instructions were not sufficient to advise the jury of the requirement that a physician subjectively believe that he or she unlawfully distributed narcotics.

The Supreme Court Set to Determine “GOOD FAITH” in Physician Opioid Prescribing – United States v. Ruan. Overview – United States v. Ruan and “Good Faith” The Supreme Court will decide the first cases regarding opioid prescribing since 1975: United States v Ruan and United States v. Kahn and likely United States v. Naum and determine...

Andre Thomas will be put to death after being convicted by an all white jury and being denied his sixth amendment right to effective assistance of counsel. Thomas appealed to the Supreme Court alleging that his counsel was ineffective for failing to strike the racially biased jurors who opposed inter-racial...

The Supreme Court will hear Ciminelli v. United States this term. Ciminelli is a case in which the Supreme Court will determine if the federal wire fraud statute is violated where the victim is deprived of the right to control assets.

President Biden announced a three-step plan for addressing prior marijuana convictions. Federal Defense Blog answers your burning questions about this development.

Ruan v. United States was a landmark decision by the Supreme Court increasing the standard needed to convict physicians of unlawful prescribing. Three months post Ruan, we are seeing a mixed bag of District Court decisions. Here is a breakdown of these trial court and appellate decisions.

In the unanimous Supreme Court decision, Ruan v. United States, the Supreme Court struck down the application of objective standards as a vehicle for opioid prosecutions against physicians accused of unlawful prescribing. The Supreme Court paves the way for a more tailored approach to measuring physician conduct.

With a decision on Ruan v. United States and Khan v. United States by the Supreme Court just around the corner, there are a few factual developments that give insight into the Court’s potential decision which will greatly impact opioid prescribers and pain patients.

In Arizona v. Youngblood the Supreme Court determined that a defendant is only entitled to dismissal based on destruction of evidence where it can show “bad faith” on the part of the police officers. ContraFed breaks down decisions since Youngblood and an approach for a successful “bad faith” spoliation argument.

The Supreme Court heard oral argument in Ruan v. United States and Khan v. United States, the most important opioid prescribing case since 1975. ContraFed recaps the oral argument and provides a prediction of the impending decision in this hotly debated Controlled Substance Act Case impacting physicians.

Ever taken a hit of a joint? Passed one to a friend? Yep that's right, you’re a felon. 40,000 inmates are in federal prison right now for marijuana related convictions. Federal law still punishes the possession, manufacture, and distribution of Marijuana by up to 20 years in prison. But the...

Release Pending Appeal in Federal Court By Ronald W. Chapman II Last reviewed: April 2026 Release pending appeal in federal court is possible, but it is difficult. Once a defendant has been convicted and sentenced to imprisonment, the presumption shifts sharply toward detention. Federal law requires more than a promising issue...

Can You Appeal After a Guilty Plea in Federal Court? By Ronald W. Chapman II Last reviewed: April 2026 Yes, you can sometimes appeal after a guilty plea in federal court. But the appeal is usually narrower, more technical, and more dependent on the exact plea record than clients expect. A...

Appeal Waivers in Federal Plea Agreements By Ronald W. Chapman II Last reviewed: April 2026 An appeal waiver in a federal plea agreement is powerful, but it is not magic. It can narrow appellate options dramatically, but it does not answer every question by itself. The exact wording matters. The Rule...

Petition for Rehearing and Rehearing En Banc in a Federal Criminal Appeal By Ronald W. Chapman II Last reviewed: April 2026 Losing a federal criminal appeal does not always mean the next move is over. In some cases, the right response is a petition for panel rehearing, rehearing en banc, or both. But...

 FDA Authority vs. Medical Practice Executive Summary: In drafting this article, I find that FDA authority over peptides centers on their status as drugs/biologics – the FDA regulates their manufacturing, importation, and distribution, but not the practice of medicine (i.e. a physician’s decision to prescribe or administer). As FDA guidance...

Defense Strategies for FDA Adulteration, Misbranding, and FDCA Prosecutions Federal criminal cases involving the Food and Drug Administration are among the most aggressive and technically complex prosecutions in the white-collar enforcement landscape. These matters are not routine regulatory disputes. They are felony criminal cases—often driven by expansive statutory theories, scientific...

Answers to Common Questions About FDA Adulteration, Misbranding, and FDCA Prosecutions – FDA Criminal Defense FAQ What is an FDA criminal case? An FDA criminal case is a federal prosecution brought under the Federal Food, Drug, and Cosmetic Act (FDCA). These matters are pursued by the government when it alleges...

Introduction Cryptocurrency has become a new frontier in federal asset forfeiture. In recent years, federal agencies have aggressively pursued pre-trial seizure of digital assets – meaning they can take control of your cryptocurrency before any criminal trial or conviction. As a result, ordinary citizens and even defense attorneys often find...

Federal Appeals Lawyer Ron Chapman II When a federal trial ends, it does not have to mean the end of the fight. A conviction or harsh sentence is not always the final word. In the federal system, appeals exist to correct errors, enforce constitutional protections, and ensure justice when the...

Unraveling Federal RICO Indictments Federal RICO and Racketeering Offenses From Federal Defense Attorney Ronald W. Chapman II RICO has had a resurgence since the Diddy, Abercrombie and Trump indictments. It’s broader now and more dangerous. Did you know? The FBI created a honeypot-encrypted cell phone service and collected tens of...

A Comprehensive Guide to Federal Criminal Defense (2025) Relief for Pardoned January 6th Defendants Relief for Pardoned January 6th Defendants Seeking a Lawsuit The sweeping pardons granted by President Donald Trump in 2025 to numerous January 6th defendants have raised questions about how those defendants might obtain additional relief beyond...

What is Treason? Treason is defined under Article III, Section 3 of the U.S. Constitution. According to the Constitution, “Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.” This narrow definition has been maintained to...

A Comprehensive Guide to Federal Criminal Defense (2025) This article is an excerpt from: By: Ronald W. Chapman II   Federal Immunity in Federal Criminal Cases One of the most famous cases involving the use of immunity in a federal criminal trial is that of Salvatore “Sammy the Bull” Gravano,...

Understanding Federal Crimes in the United States The landscape of American criminal law is intricately divided between federal and state jurisdictions, each with its own set of rules, procedures, and offenses. This article delves into the nuances of federal crimes, exploring their distinction from state offenses, the roles of the...

  A Comprehensive Guide to Federal Criminal Defense (2025) This article is an excerpt from: By: Ronald W. Chapman II   Decoding Federal Target Letters: A Guide to Navigating Uncharted Waters When the mail arrives with a distinctive Department of Justice (DOJ) envelope, or that letter is handed to you...

A Comprehensive Guide to Federal Criminal Defense (2026) Wire Fraud Basics Explained by a Federal Wire Fraud Defense Attorney Ronald W. Chapman II What is Wire Fraud? Wire fraud is a federal criminal offense in the United States, charged under 18 U.S.C. § 1343. It involves the use of interstate...

How to Cross A Government Expert Witness A Battle of the Experts Federal white-collar criminal cases, when properly tried, boil down to one thing – a battle of the experts. The Government scours the country looking for a highly credentialed expert who is willing to testify and the defense scours...

Arraignment in Federal Court: A Vital Step When a federal defendant has been charged with a federal crime by a federal prosecutor, they will proceed to arraignment. Arraignment is a critical stage in any federal criminal case and must be treated seriously. Mistakes at this point can be hard to overcome and may have drastic...

 The truth about Federal Plea Agreements What is a Federal Plea Agreement? Before we dive into plea agreements, let’s clear up some common misconceptions. Federal defendants plead guilty and most do so pursuant to a Rule 11 plea agreement. Most defendants think that in order to plead guilty they have...

 Understanding Federal Sentencing What are the Sentences for Federal Charges? Federal sentences vary based on the type of offense, severity of the offense, and prior criminal history of the defendant. Some federal sentences carry a mandatory minimum while others require the judge to determine the sentence based off of the...

Understanding Federal Charges: A Practical Guide by Ronald W. Chapman II Facing a federal criminal case is daunting. I wrote this guide to give you a clear map—what makes a case federal, how the process unfolds, where the government’s leverage really lies, and how an aggressive, informed defense changes outcomes....

Selecting a federal criminal defense attorney: what to evaluate when facing a federal investigation or charges. Selecting the right federal criminal defense lawyer requires preparation, research, and patience which is a tall ask when a client is faced with the myriad of life-altering decisions. Trust Google and you’ll only find...

A fishy Case of OVER-CRIMINALIZATION In 2007, John Yates was on the hunt for red grouper off of the coast of Cortez, Fla. His boat was boarded by John Jones, a state Fish and Wildlife officer who, at the time, was working on behalf of the National Oceanic and Atmospheric...

By former federal prosecutor Ronald Chapman II. The Origins of Federal Prosecution To understand the motivations of the modern prosecutor we need to take a little detour into the origins of federal prosecution. In the seventeenth – and eighteenth- century in England, a system of private prosecution prevailed. Unlike...

The Federal Criminal Justice System Explained The first and most obvious place to begin your journey in understanding federal criminal defense and molding a strategy to effectively defend a criminal case is understanding the federal judicial system. The federal system can be daunting and intimidating. The vast resources by federal...

Understanding federal drug laws The Controlled Substances Act (CSA) The Controlled Substance Act, 21 U.S.C. 801 et. seq., placed all substances into one of five schedules. The schedules in order of potential for abuse. Schedule I drugs are drugs that are considered to have no medical use and are illegal...