2019 Annual Federal Criminal Practice SeminarJune 19-20, 2019

UNT Dallas College of Law, 1901 Main Street, Dallas, TX, 75201

presented by The Office of the Federal Public Defender,

The Dallas Federal Bar Association,The United States District Clerk, and

The University of North Texas, Dallas College of Law

Overview

The Dallas Federal Criminal Practice Seminar offers an assortment of cutting-edge material and instruction to benefit the less-experienced and experienced federal practitioner alike. This year’s seminar will take place at the University of North Texas Dallas College of Law (located in downtown Dallas at 1901 Main Street) on June 19th and 20th. The State Bar of Texas has tentatively approved the seminar’s curricula for fifteen (15) hours of continuing legal education credit, of which three (3) hours qualify for ethics credit.

This year’s seminar will meet in plenary session(s) both days. Each day will consist of various lectures, to include an Ethics-qualifying presentation during the lunch hour. (Lunch is included in your tuition and will consist of boxed-lunches or similar fare brought in from “Amazing Caterers.”)

The costs will be $60 for members of the CJA Panel, $100 if you are a member of the Federal Bar Association, and $125 for everyone else. The registration will be limited to 100 people because the seating is limited. Advanced registration and advanced payment are required. You may go to Federal Public Defender website at http://txn.fd.org/ to register.

Following you registration you will need to pay for the seminar. Payment will be collected by Carolyn Hill, Treasurer of the Dallas Chapter of the Federal Bar Association. It is strongly encouraged that you pay online using PayPal. A link will be provided on the Federal Public Defenders website and a link to PayPal is here. The necessary email address to send the registration fee is: Fedbardallas@gmail.com

If you have any questions please contact paralegal extraordinaire Charnese Toro at (214) 767-2746.

The agenda and faculty are on the pages below. We have an exciting agenda with wonderful speakers and we are looking forward to seeing you there!

Agenda

Day One – Wednesday, June 19, 2019

8:00-8:30 A.M. Welcome / Registration, Lobby of the UNT Dallas College of Law

8:30 – 8:45 A.M. Welcoming Remarks Rm 410

8:45 – 9:45 A.M. Initial Appearance, Preliminary Examination, and Detention Hearings Rm 410AFPD Michael Lehmann and AFPD Brook Antonio

The United States Magistrate Judge has just appointed you to your first CJA appointment. Your assistant hands you a complaint and supporting affidavit from the case. Court is scheduled for later this afternoon. Now what?

9:45-10:00 A.M. Break

10:00 – 11:00 A.M. Appeal waivers – the never-ending headache Rm 410AFPD Shery Kime-Goodwin

You reviewed the appeal waiver in the plea papers that was part of the great deal that you got for your client. You also told the client about the 14 days to file a notice of appeal after sentencing. So why is he filing a 2255 petition against you saying that you failed to consult with him about filing an appeal?! This discussion will attempt to provide some guidelines as to the best practices you can adopt to avoid having to testify against your former client in a 2255 evidentiary hearing.

11:00 - 12:00 P.M. The Art of the Deal Rm 410AFPD Lara Wynn and AFPD Sarah Gunter

This session will focus on negotiation with prosecutors for plea agreements from certain crimes, articulating pleas with appropriate language, and navigating possible pit-falls.

12:00 – 1:00 P.M. Lunch & Lunch Speaker Rm 410

TBD - Kate Casey, LPC, JDBest practices for dealing with stress and anxiety as a lawyer

Do you feel stressed out and overwhelmed? Have you experienced a shift in career satisfaction? Do you find it difficult to balance your obligations at home and work?  The practice of law can be

incredibly fulfilling but the rigor and high paced tempo can lead to levels of stress and anxiety that are not sustainable.

[Note: This presentation qualifies for Ethics credit.]

1:00 – 2:00 P.M. Do I get credit for that? Strategies for getting your client awarded credit for time spent in state and federal custody. Rm 410AFPD Lauren Woods and AFPD Charles Bleil

Having a client being prosecuted federally while still in state custody is a common occurrence. This section will discuss how to effectively advocate on their behalf to ensure they receive credit for time served in state or ICE custody on their federal sentence.

2:00 - 2:15 P.M. Break

2:15 - 3:15 P.M. Is it really a crime of violence or drug trafficking crime? Rm 410AFPD Gabi Vega and AFPD Brandon Beck

This discussion will take a fresh look at the categorical approach and how to apply it to your practice. The section will also help you in reviewing issues that may benefit your client at sentencing.

3:15 – 4:10 P.M. The Fourth Amendment and highway interdiction Rm 410AFPD Bonnie Gunden

This presentation will address search and seizure as well as any subsequent suppression issues that may arise.

4:10 – 5:10 P.M. Ethical issues in a federal criminal case Rm 410AFPD Courtney Stamper

This presentation covers numerous ethical issues that arise in representing a defendant in a federal criminal case.

[Note: This presentation qualifies for Ethics credit.]

Agenda

Day Two – Thursday, June 20, 2019

8:00-8:30 A.M. Welcome / Registration, Lobby of the UNT Dallas College of Law

8:30 – 8:45 A.M. Opening Remarks Rm 410

8:45 – 9:45 A.M. High interest items in the Northern District of Texas: The new CJA plan, availability of expert and investigator funding, the Cardone Report Rm 410

Camille Knight, National CJA Panel Representative for the Northern District of TexasJason D. Hawkins, Federal Public Defender

Ms. Knight and Mr. Hawkins will talk about the procedures for getting on the CJA Panel. They will then explain how, when, and why CJA practitioners have access to funds by which to make use of investigators and other case experts.

9:45-10:00 A.M. Break

10:00 – 11:00 A.M. Supreme Court and Fifth Circuit Update Rm 410AFPD Brandon Beck

Fresh from arguing United States v. Davis in the Supreme Court, Mr. Beck will review the leading criminal law decisions from the Supreme Court and the Fifth Circuit.

11:00 - 12:00 P.M. Innovative strategies for sentencing Rm 410AFPD Lauren Woods and AFPD Stephen Green

Sentencing mitigation taken to the next level. Advocating for your client by making the words on the page come to life. A how to, why to, and when to guide on incorporating videos into your sentencing memos.

12:00 – 1:00 P.M. Lunch & Lunch Speaker Rm 410

Wilbert Rideau, AuthorIn the Place of Justice: A Story of Punishment and Deliverance[Note: This presentation qualifies for Ethics credit.]

1:00 – 2:00 P.M. Competent, Sane, Neither, or Both? Rm 410First Assistant John Nicholson

This presentation will review the differences between “competence” and “sanity”, both as mental/emotional conditions and legal terms of art.  If you represent, or could be called upon to represent, a client with a mental or emotional disorder, then the Court will expect you to know this information and be able to respond accordingly.

2:00 - 2:15 P.M. Break

2:15 - 3:15 P.M. Overlooked guideline objections Rm 410AFPD K. Joel Page

Mr. Page will be presenting the common objections that are missed when looking over the presentence report. This will help you avoid getting a phone call from Mr. Page and having him explain why he is raising the issue you missed under the plain error standard of review.

3:15 – 4:15 P.M. Creative ways to beat the Government’s case Rm 410Marlo Cadeddu, Law office of Marlo Cadeddu, P.C.

Ms. Cadeddu will talk about some of the creative strategies she used in winning recent high profile cases in the Northern District of Texas.

4:15 P.M. End of Day Two – Happy Hour Lobby

FACULTY BIOGRAPHIES

Brook AntonioBrook Antonio joined the Federal Public Defender’s Office in Fort Worth in October of 2016. Before beginning his career with the Federal Defender, Brook was a student at North Carolina University School of Law from which he graduated cum laude in 2010 and he was also the editor of the Biotechnology and Pharmaceutical Law Review. He then began working at Fulton County Public Defender’s Office in Atlanta, Georgia. In 2013, he left Atlanta and began working at the Public

Defender Service for the District of Columbia where he represented clients charged with violent and non-violent offenses and secured ten acquittals at trial.Brandon Beck

Brandon Beck is an appellate attorney with the Office of the Federal Public Defender for the Northern District of Texas and adjunct professor of legal practice at Texas Tech University School of Law. Before entering the world of federal criminal law, Professor Beck spent three years practicing civil trial and appellate litigation in Tyler, Texas. He has an undergraduate degree in classics from The University of Texas at Austin, a master’s degree in religious studies from Boston University,

and a law degree from Texas Tech. He is a 2012 inductee into both the National Order of Barristers and the National Order of Scribes. In his spare time he is the Editor-in-Chief of the West Texas Literary Review.Charles Bleil

Charles Bleil is an Assistant Federal Public Defender in our trial section and has been with the Dallas office since January 2007. He graduated from the University of Texas School of Law in 1994 and went to work at Interacciones Casa de Bolsa, a stock brokerage firm in Mexico City. In 2004, he accepted a position as an Assistant Federal Public Defender in the Southern District of Texas—McAllen Division. He is a member of the United States Army Reserves and has been called back into active service twice since joining the

office.

Marlo P. CadedduMarlo Cadeddu is a magna cum laude of Georgetown Law and has undergraduate and graduate degrees from John Hopkins in International Relations and Economics. Prior to law school, Marlo worked in international banking in New York and Baltimore, Maryland. Marlo clerked for now Senior District Judge A. Joe Fish of the United States District Court for the Northern District of Texas prior to entering solo

federal criminal defense practice.

Marlo handles federal criminal trials and appeals around the country. Marlo takes all types of federal criminal cases, but she has a particular interest in complex white collar matters and cases involving cross-border issues. She has been involved in a number of high-profile federal criminal cases such as the Holy Land Foundation and Allen Stanford Cases.

Marlo has been specially appointed by courts in both the Northern District of Texas and the Southern District of Texas to serve as a Coordinating Discovery Attorney. A Coordinating Discovery Attorney assists defense counsel in the effective use of technology and litigation support resources in complex federal criminal cases involving multiple defendants, voluminous discovery, or complicated electronic discovery issues.

Marlo is regularly invited to speak to both lawyers and judges on various criminal defense topics including: defending federal mega-cases, the management of electronic discovery, case budgeting, sentencing mitigation, and trial advocacy. Marlo is a member of the America Bar Association, the National Association of Federal Criminal Defense Lawyers, the Texas Criminal Defense Lawyers Association, and DFW Women in White Collar Defense.

Born in New Orleans, Louisiana, Marlo in a dual American and Swiss citizen and has lived in a number of countries in Europe and the Middle East. She speaks English, French and Italian.

Kate CaseyAs a Texas Licensed Professional Counselor and Nationally Certified Counselor, Ms. Casey private practice serving Northeast Tarrant County to include Southlake, Colleyville, Keller, North Richland Hills, Grapevine and surrounding communities. She earned a Master’s degree in Counseling from Virginia Tech University. She also holds a Doctorate of Jurisprudence and practiced Environmental Law before making a most satisfying career

transition to Counseling. She has spent more than a third of my life living outside of the United States. Her experiences living abroad and learning from other cultures has shaped her worldview and, in turn, her counseling style.

Stephen Green Stephen Green joined the Federal Public Defender’s Office in Dallas in August of 2015. Before law school, Stephen taught high-school history at an inner-city school in New York City through Teach for America. During law school at the University of Texas at Austin, Stephen helped lead UT to its first national mock trial semi-finals appearance in over a decade. He also worked as a member of the American Journal of Criminal Law.

Following graduation, Stephen clerked for United States District Judge Marcia A. Crone in the beautiful metropolis of Beaumont, TX. In his free time, Stephen enjoys mentoring the more senior attorneys in the office on how to use technology.

1 Jason D. Hawkins Upon graduating from St. Mary’s University School of Law in 1995, Jason became a law clerk and Pro Se Staff Attorney for the Greatest American, the Honorable Royal Furgeson, former United States District Judge for the Western District of Texas. After drafting an opinion that led Judge Furgeson to being reversed a second time by the Fifth Circuit, Jason was encouraged to find employment elsewhere.

His career in the Federal Public Defenders Office started in 1999, when he went to work in the Capital Habeas Unit in Phoenix, Arizona, representing death row prisoners. In Amaya-Ruiz v. Stewart he won a ruling that Arizona’s rules for restoring death row inmate to competency were unconstitutional. Jason also drafted the very briefly successful argument that the Supreme Court's decision in Ring v. Arizona (holding Arizona's death penalty sentencing scheme unconstitutional) should apply retroactively to all of Arizona's death row prisoners. Ultimately Justice Scalia disagreed and, writing for the majority, reversed the Ninth Circuit’s decision.

Growing weary of the eternal sunshine, Jason left Phoenix in 2001 and accepted a position with the Federal Public Defenders Office in Dallas. He was named appellate chief in 2008 and his wins before the Fifth Circuit have generally come in either unpublished per curiam opinions or sweeping published opinions “limit[ing] the precedential value of [the] holding to cases presenting indistinguishable facts in all material respects.” United States v. Willis, 563 F.3d 168 (5th Cir. 2009). In November 2011, he argued and lost before the Supreme Court in Setser v. United States, 10-7387. Justice Scalia once again proved to be Jason’s nemesis.

He was later moved out of the appellate section and named First Assistant when former Federal Public Defender Richard Anderson became despondent over the new and creative ways Jason was making harmful precedent for everyone in the Fifth Circuit. Hoping to completely remove him from ever appearing in court again, the Honorable Carl Stewart, Chief Judge of the Fifth Circuit, sentenced Jason to 48 months as the Federal Public Defender on August 26, 2013. For violating the terms of his supervised release he was resentenced to another four year term in 2017. Jason is now in charge of making sure everyone has enough paper and pens to go to court.

Shery Kime-GoodwinShery Kime-Goodwin joined the Office of the Federal Public Defender in 2000 after being in private practice for six years. Prior to joining the office, she worked for the law firms of Mullin Hoard & Brown, L.L.P., and Langston Law Offices, P.C., where her practice focused on bankruptcy, banking, and commercial litigation. For the past twelve years, she was an adjunct professor at Texas Tech University School of Law teaching legal research and writing. She also coached the Texas

Tech Law School National Arbitration team and her teams have won the ABA national championships five times in the past twelve years and her most recent teams were national semi-finalists. Shery recently moved from the Lubbock Division to Dallas.

Bonita Gunden1Bonnie Gunden is an Assistant Federal Public Defender in Amarillo, Texas and has been with the office since 1999, most of that time as the solo AFPD in Amarillo. After graduating from the University of Houston Law Center, she clerked for Judge Mary Lou Robinson in Amarillo. Then it was on to Associates’ positions with Bickel & Brewer and Majorie & Associates in Dallas. In 1991, she opened a solo practice in Amarillo where she

maintained an active criminal defense practice through mid-1999. Gunden served as a

board member for TCDLA from 1994 through 2000. During that time period she served on the faculty for the Criminal Trial Advocacy Institute in Huntsville, Texas; presented at the Rusty Duncan Criminal Law Short Course in San Antonio and spoke on the topic of hearsay at various CDLP seminars around the state. Since joining the FPD office, she has presented at several CLE seminars on topics of evidence and ethics.

Sarah GunterSarah has been a criminal defense lawyer since January 2007.  She started in private practice in 2007; in her private practice, she handled both state and federal cases.  She has been licensed in the Northern District of Texas since 2009.  She joined the FPD Lubbock Division in January 2018.  She is also an Adjunct Professor at the Texas Tech University School of Law, where she teaches a Trial Advocacy course.  Sarah has previously served as a speaker

for numerous seminars for the Texas Criminal Defense Lawyers Association.

Camille M. KnightCamille Knight has devoted a large portion of her career to defending indigent people accused of federal crimes. Currently in private practice in the Dallas area, Camille’s federal defense roots stem from her experience as a CJA attorney and as a former assistant federal defender. Her relationship with the Federal Defender family began in law school, where she interned at the Federal Defender office in Chicago, and externed for a United States Magistrate Judge who was a former Assistant Federal Defender. After school, Camille clerked for United States Magistrate

Judge Paul D. Stickney, also a former Assistant Federal Defender. During the last 19 years, Camille has practiced at large and small firms in Dallas and Chicago in civil litigation in federal courts, has worked for the Federal Defender’s Office, and has now returned to solo practice focusing mainly on federal criminal defense. During her years of practice, Camille has been on the CJA panels in the Northern and Eastern Districts of Texas, the Northern District of Illinois, and the United States Courts of Appeals for the Fifth and Seventh Circuits. In 2018, Camille was named the National CJA Panel Representative for the Northern District of Texas.

Michael LehmannMichael joined the Fort Worth Division of the Federal Public Defender’s Office as a trial attorney in 2014 and was named the Division Supervisor in 2018. He was previously a member of the CJA Panel in private practice, a Dallas County Public Defender, and an Assistant Attorney General for the State of Texas. He earned a degree in Plan II from the University of Texas and a Juris Doctor at University of Colorado School of Law. He enjoys reading Harry Potter novels with his daughter, laughing through Curb Your

Enthusiasm episodes with his wife, and contemplating the meaning of life with his dog.

John NicholsonJohn Nicholson has been a trial lawyer at the Federal Public Defender’s Office in Dallas since November of 2005 and the First Assistant since November of 2014. Before that, he was a Navy JAG Officer. Since joining the FPD Office, John has been lead trial counsel for five full acquittals,

second chair for another full acquittal, and second chair for a trial in which the government asked the Court to dismiss its case with prejudice shortly after calling its second witness. His personal interests include reading (especially Ernest Hemingway and the Song of Ice and Fire novels), spending entire weekends at his daughter’s volleyball tournaments, playing online video games with his colleagues, rooting for the Dallas Cowboys on Sundays and the Texas Longhorns on Saturdays and, while one wouldn’t know it by looking at him, weight lifting.

Joel PageJoel Page has worked in the Federal Public Defender’s office in Dallas since 2004. He started as a Research and Writing Attorney, became an Assistant Federal Public Defender in 2007, and now serves as the supervisor of the Appellate Division. He’s written over 400 briefs to the Fifth Circuit, and helped write merits briefs for two of the office’s cases that went to the Supreme Court. Joel is one of the few people that has created more bad precedent than Jason.

Wilbert Rideau

Journalism helped reform Wilbert Rideau—and in turn, he used it to reform one of the country’s toughest prisons. In 1961, the 19-year-old Rideau was sentenced to death for killing a woman during a bungled bank robbery in Lake Charles, Louisiana. Sent to Angola state penitentiary, he underwent a profound transformation. After his sentence was commuted to life, he became editor of the prison magazine, the Angolite, turning it into a

respected publication that exposed abuses by guards and inmates alike and was nominated for seven National Magazine Awards. He became a correspondent for NPR’s Fresh Air and codirected the Oscar-nominated documentary The Farm. Several wardens vouched for his complete rehabilitation, yet a mix of racial politics and tough-on-crime posturing blocked his release for more than three decades. Finally, his case was reopened, and in early 2005 he was found guilty of manslaughter and let go with time served. Mr. Rideau is the author of the memoir, In the Place of Justice: A Story of Punishment and Deliverance. Mr. Rideau has been a consultant to both federal and state capital defense teams on dozens of cases around the country. He has an excellent track record of helping attorneys resolve their problems with uncooperative defendants.

Courtney Stamper

Courtney Stamper joined the FPD office in September of 2017. Prior to becoming an AFPD, he interned with the office in law school, and after graduation, practiced exclusively criminal defense in the Dallas/Fort Worth and surrounding area. Courtney excelled as a trial lawyer and has spoken frequently about trial related topics. Throughout his time in private practice, Courtney always maintained an indigent client docket in

the belief that everyone, no matter of status, should be afforded quality representation.

Courtney serves on the Texas Criminal Defense Lawyers Board of Directors, as well as the State Bar of Texas Advertising Review Committee.

M. Gabriela VegaGabriela Vega joined the Northern District of Texas Federal Public Defender’s Office in Dallas as an Assistant Federal Public Defender in November of 2017. Prior to becoming an AFPD, she worked in commercial litigation at Baker Botts, L.L.P. In 2016, she departed Baker Botts to help lead a new legal services project for sexual assault survivors at the Equal Justice Center, a nonprofit law firm that represents low-wage and immigrant workers in employment disputes. She graduated summa cum laude with a

Bachelor of Arts in International Relations, Spanish and French from the Ohio State University and earned her law degree from Harvard Law School. After graduating, she clerked for United States District Judge Andrew Hanen in Brownsville, Texas. In her short time in the office she has secured more dismissals than Stephen Green.

Lauren WoodsLauren Woods is a native of Dallas who obtained her undergraduate degree from Texas A&M University. She graduated with honors from SMU’s Dedman School of Law where she co-founded the Human Rights Legal Association, was a Dean’s Scholarship Recipient, and wrote for the Science & Technology Law Review. Lauren fell in love with criminal defense work after participating in SMU’s criminal defense clinic. She

clerked for the local firm Fitzpatrick Hagood Smith & Uhl before taking a slight detour from criminal law to practice insurance defense with Wilson Elser. Two years later, in 2014, she joined the Federal Defender’s Office, and aside from living in Crete, Greece for a year during that time, she’s been an AFPD since then and loves (almost) every minute of it! She has also been officially designated as the office mentor for Stephen Green.

Lara WynnLara Wynn is from Lubbock, Texas, and attended Texas Tech University

for undergraduate and law school. She graduated from Texas Tech University School of Law in 2014, and joined the ranks of the Federal Public Defender’s Office in Dallas, Texas as a Research & Writing Attorney in January 2015. In 2016, she transitioned into the trial division as an AFPD. In March 2019, Lara transitioned back to Lubbock to become the Division Supervisor for Lubbock and Amarillo.