J. Patrick Quillian, P.C.

J. Patrick Quillian Attorney At Law

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May 2016 Archives

What Should You Expect During the SEC Investigation Process

When you think of investigations by the Securities and Exchange Commission (SEC), you might think of Wall Street kingpins like Bernie Madoff and Michael Milken, but the SEC's investigatory process takes them far beyond Manhattan. In 1983, Oklahoma's own legendary football coach Barry Switzer became the target of an SEC investigation for violating federal insider trading laws. The SEC even took Switzer to court, although Switzer prevailed based on his argument that he had made stock trades based on information he had innocently overheard while in the bleachers at his son's track meet.

New Oklahoma DUI Law to Create Stricter Enforcement

A new law passed by the Oklahoma legislature and signed into law by Governor Fallin will toughen the penalties that DUI defendants will face if convicted. HB 3146 - the "Impaired Driving Elimination Act" - will make it easier for courts to impose longer sentences and increased fines for multiple DUI convictions by only allowing courts that are considered "courts of record" to hear DUI cases.

Legal Implications from SCOTUS Ruling on Armed Career Criminals Act

It's a well-known fact that, under federal law, people convicted of a felony are prohibited from possessing a firearm, and if felons found possessing firearms can be sentenced to up to ten years in prison. Lesser known are the much more strict - and now partially unconstitutional - standards of the Armed Career Criminal Act ("ACCA"). Under that act, felons who have three or more felony convictions for a "serious drug offense" or a "violent felony" can be sentenced to anywhere between 15 years and life and prison if they were found possessing a gun. Two recent Supreme Court decisions - one decided in 2015 and one decided last month - now call into question the sentences of defendants convicted under the ACCA, and people who have previously been sentenced under the ACCA may be able to reduce their sentences.

Johnson: SCOTUS Declares Portions of the ACCA Unconstitutional

In Johnson v. United States, a defendant found to be in possession of a weapon was sentenced to 15 years in jail under ACCA on the basis that he had three previous "violent felonies", one of which was possession of a sawed-off shotgun. Under the ACCA, there are multiple standards for what qualifies as a "violent felony." One of those standards, referred to as the "residual clause," states that a "violent felony" includes any felony that "involves conduct that presents a serious potential risk of physical injury to another."

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