Category Archives: Sentencing

Defense Mitigating Factors: Reducing Sentences in Federal Cases

Mitigation in Sentencing: October 2024 USSC Primer for Federal Criminal Defense Our previous article focuses upon the importance of sentencing considerations in any federal criminal defense matter. Particularly, how it is critical for defendants and their loved ones to know that the prosecution will have a number of “aggravating factors” to argue as reasons to…

Posted on November 11, 2024 by Michael Lowe, on InDepth Articles, Sentencing |

How Prosecutors Try to Maximize Punishment: Aggravating Factors in Federal Sentencing

October 2024 USSC Primer Provides Guidance on Application of USSG §3B1.1 It’s all about the trial if you watch movies, TV shows, or YouTube true crime podcasts. But that’s not reality for those facing federal felony charges. Evidentiary sentencing hearings are a huge battleground for most federal defendants. Criminal lawyers defending people who are being…

Posted on October 21, 2024 by Michael Lowe, on Federal Government Watch, InDepth Articles, Sentencing |

USSC Limits (But Does Not End) Use of Acquitted Conduct in Federal Sentencing

On April 17, 2024, the United States Sentencing Commission (“USSC”) announced that after an unanimous vote of the bipartisan group, the United States Sentencing Guidelines (“USSG”) will change regarding how a past acquittal in federal court can be used in a subsequent federal matter to calculate a sentence under the USSG. For details on acquitted…

Posted on May 7, 2024 by Michael Lowe, on InDepth Articles, Sentencing |

Categorical Approach: Longer Federal Sentences With Past Convictions

Things can get darker for those with past criminal convictions and a new federal arrest. There are times when new convictions will result in enhanced (greater, longer) punishments based upon prior criminal offenses. How? Federal law will require the defendant’s sentence be boosted in time to be served behind bars because of something in the…

Posted on January 16, 2024 by Michael Lowe, on Arrest and Indictment, InDepth Articles, Sentencing |

Retroactive US Sentencing Guideline (USSG) Amendments 2023

Those accused in federal court, no matter which state or which crime is involved, will have punishment after conviction determined in accordance with the United States Sentencing Guidelines (USSG) compiled and published by the United States Sentencing Commission (USSC). This is a critical difference between the state and federal criminal justice systems. What is this…

Posted on December 23, 2023 by Michael Lowe, on InDepth Articles, Sentencing |

Alien Smuggling in Texas: Federal Felonies & United States Sentencing Guidelines

The Texas border with Mexico extends 1254 miles. Along this international boundary there are currently 28 bridges and border crossings (including a couple of dams and a hand-drawn ferry) for travel between the two jurisdictions. And of course, there are long stretches of open riverbank along the Rio Grande where the waterway provides a natural…

Posted on December 5, 2023 by Michael Lowe, on InDepth Articles, Sentencing, Trafficking Charges |

When Businesses are Charged with Crimes: Organizational Offenders

First things first, we all know they’re not people. In legal jargon, corporations are “legal entities” that exist through the operation of state law (usually) under things like the Texas Business Organizations Code, where “corporation” is defined as “…an entity governed as a corporation under Title 2 or 7. The term includes a for-profit corporation,…

Posted on October 26, 2023 by Michael Lowe, on Arrest and Indictment, Fraud Charges, InDepth Articles, Sentencing |

When Someone Becomes a “Career Offender” under Federal Law

Al Capone is reported to have explained his activities during Prohibition as, “I am just a businessman, giving the people what they want,” but for many, there are few that better typify the career criminal than Al Capone, deemed “the most prominent figure of organized crime.” Read, Hipango Jr, Waata, Robert Smith, and Léo-Paul Dana….

Posted on October 17, 2023 by Michael Lowe, on InDepth Articles, Sentencing |

Punishing Defendants for Exercising Their Right to Trial

Criminal defense attorneys practicing here in Texas, both in state and federal court, know all too well that it is a common practice for the government to punish defendants for exercising their rights – especially their right to a trial. This is true despite the clear constitutional right to trial found in the Sixth Amendment…

Posted on October 5, 2023 by Michael Lowe, on InDepth Articles, Orwellian Threats to Rights, Sentencing |

SCOTUS, USSC, and Proposed USSG Amendment Addressing Acquitted Conduct

The scenario: someone is charged with a serious crime in federal court. There is no plea deal; the case goes to trial. Both sides rest, and the case goes to the jury. The jury deliberates and returns with a “not guilty” verdict. This is great for the accused, right? Sure. But that verdict is not…

Posted on October 4, 2023 by Michael Lowe, on Arrest and Indictment, Federal Government Watch, InDepth Articles, Sentencing |

Michael Lowe is Celebrating Over 25 YEARS of Service

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With more than 150 jury trials under his belt, Michael Lowe has strong and varied courtroom experience.

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Michael Lowe, a distinguished defense lawyer with a rich history of representing clients in criminal jury trials across Texas, is deeply honored to be nominated for the prestigious award for Best Lawyer in 2024 by D Magazine.

Wendy Carranza 3 months ago

Mr. Michael Lowe, did an excellent job and service to my brother in-law Milton. Highly recommended 100% he does as he promised!

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Magan Flores 3 months ago

I can honestly say Mr.Lowe goes above and beyond for his clients… He gets straight to the point and gives you a peace of mind with everything. I know that’s how I felt… I would recommend him to anyone.. Thank you

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Wendell Stanford 6 months ago

Mr. Lowe returned my call and gave me all the information I needed. He was very helpful and kept me from wasting my money. Thank you sir!

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R R 9 months ago

My special needs families, listen up! If you find yourself in the shocking and surreal world where your adult child's behaviors related to IDD and mental health trauma are treated as criminal, Michael Lowe is who you call. When I was calling around initially, I found so few lawyers who understood or even cared to try to understand my son's disability and I felt so uneasy talking to them. I can not put into words the level of panic and fear racing through me during this time of utter shock and bewilderment as to the fact it was even happening! But then I spoke to Michael, and I immediately felt peace and knew by his kindness that he understood and I finally felt heard, and I felt hope. Our first meeting with Michael, he put my son with Down syndrome at ease and assured him everything would work out. As a single mom, his empathy and compassion towards my finances were also appreciated as he charged me a flat fee only, and our case took 2.5 years to complete. The goal was always to have the case dismissed and Michael accomplished that goal. My son has now been treated for his mental health, is healing from his trauma and is leading the life he was meant to have. We could not be be more grateful to Michael for his genuine compassion, generosity, gifted strategy and brilliant efforts in insuring this outcome. I never in a million years thought my family would go through something like this, and I had zero awareness until now that our special needs community needed an advocate for our adult kids who suddenly land in the criminal justice system. Since this experience, I have met other families in similar situations with less favorable outcomes and realized even more so how not only valuable, but imperative Michael Lowe and his services are to our community. I hope by writing this review, other families are able to get the help and successful outcome that we did from having Michael Lowe in our corner.

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Cesar Ruiz 10 months ago

This guy went above and beyond my expectations. I was burnt out from 2 previous lawyers before him who only sweet talked me and didn’t do a single thing for me. Michael did the opposite, he under promised and over delivered!!! He helped me on a case that very few lawyers had hope for! Words can’t explain the level of gratitude I have for this man. He truly is one of the best in his field. I have so much respect and love for this man now! Thank you Michael!

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Category Archives: Sentencing

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