Nashville Criminal Law Report : Nashville DUI Lawyer & Attorney : Rob McKinney Law Firm : TN Criminal Defense, Domestic Violence : Cheatham, Davidson, Montgomery Counties

FBI Director Robert Mueller has disclosed to Congress that FBI Special Agents have been cheating on tests. Agents are required to take a test on how to conduct surveillance and open  files and criminal investigations on citizens. The purpose is to make sure the FBI agents know the law to make sure they do their job right. It appears the agents cheated on the test. I guess they don't have an honor code or it implicates the FBI agents may bend the law or their testimony when it benefits the agent.

Asked about an  Associated Press report about the cheating investigation, Mueller said he does not know how widespread the problem was.

"I've got a general idea, but I do not know how many," Mueller testified. "And I am not certain the IG knows how many either. He has pointed out instances orally to me where there may be persons in a particular office where it was widespread and may be attributable to a lack of understanding and confusion about the procedures."

Here's a copy from the Office of the Inspector General on the cheating.  I an agent cheats to pass a test what else are they capable of doing. I am in search of an honest man.

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Today , I am going to the Tennessee Association of Criminal Defense Lawyers continuing legal education seminar. Marica Shein is presenting on a sentencing issues in Federal criminal cases.

I am going to try something new today. I will be posting updates from the seminar on Twitter. Heres the link to my Twitter feed.

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This week I had the opportunity to attend a lecture hosted by the Federal Public Defenders Office for the U.S District Court here in Nashville.First, I would like to thank the folks that presented and sponsored the topic.The lecture focused on the " Interaction of Federal and State Sentences When the Federal Defendant is Under State Primary Jurisdiction". The focus of the discussion was based upon an article written by Henry Sadowski,Regional Counsel Northwest Region,Federal Bureau of Prisons. A complete copy of the article can be read here.

Here are my takeaways from the talk;

1.In any computation of a federal sentence,two separate decisions must be made:when the federal sentence commences and to what extent the defendant can receive credit for time spent in custody prior to commencement of the sentence.

2.The Federal Bureau of Prisons has been delegated to compute the sentence.The court nor anyone else can compute the sentence.

3.A federal sentence does not begin to run until the state authorities relinquish the prisoner on satisfaction of the state obligations.

4.The general rule is no credit is afforded towards a federal sentence if credit has been given for the same period of custody towards a state sentence.

5.The general rule is that the sentence imposed by the sovereign with primary jurisdiction is served first.

6.The primary custodian is responsible for the custody of the defendant until primary jurisdiction is relinquished.

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