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Federal Crimes in Nevada

Federal prosecution is categorically different from state prosecution. Federal agencies investigate for months or years before charges are filed. Sentencing guidelines constrain judges in ways state courts are not. Mandatory minimums apply to entire categories of offenses. And the resources available to the prosecution — the FBI, DEA, IRS, and the full weight of the United States Attorney's Office — exceed what any Nevada state prosecutor brings to a case. The defense has to account for all of it from day one.

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Title 18 U.S.C. (and related federal statutes)Nevada · Federal prosecution — U.S. District Court, District of Nevada

Federal Crimes

Federal crimes are offenses prosecuted under federal law in the United States District Court for the District of Nevada. Federal prosecution involves more extensive pre-charge investigation, mandatory minimum sentences, and sentencing guidelines that constrain judicial discretion more than Nevada state courts. Common federal offenses include drug trafficking, wire and bank fraud, firearms offenses, immigration violations, and cybercrimes.

Court
U.S. District Court, District of Nevada (Las Vegas: Lloyd D. George Courthouse)
Drug trafficking minimums
5 to 10+ years mandatory (quantity-based)
924(c) firearms enhancement
Mandatory consecutive 5–10 years
Defense focus
Fourth Amendment challenges, sentencing guidelines, cooperation strategy, investigation phase intervention
Key statutory language (abridged)

Federal crimes are prosecuted by the U.S. Attorney's Office for the District of Nevada in the U.S. District Court. Federal sentencing is governed by the United States Sentencing Guidelines — an advisory framework that calculates recommended ranges based on offense level and criminal history. Mandatory minimums apply in drug trafficking (5–10+ years based on quantity), firearms offenses (18 U.S.C. § 924(c) adds 5–10…

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Federal crimesWhat triggers federal jurisdiction in Nevada
Drug trafficking
Drug offenses that cross state lines, involve large quantities, or are investigated by the DEA are prosecuted federally. Federal drug charges carry mandatory minimum sentences — 5 years, 10 years, or more depending on the substance and quantity — that apply regardless of the defendant's individual circumstances.
White-collar and financial crimes
Wire fraud, bank fraud, securities fraud, money laundering, and related offenses are predominantly federal. Any financial crime involving interstate electronic communications — essentially any modern transaction — can trigger federal jurisdiction. The U.S. Attorney's Office prosecutes these cases with forensic accountants and financial analysts supporting the investigation.
Firearms offenses
Federal firearms charges arise from crimes on federal property, interstate trafficking of firearms, possession of firearms by prohibited persons under federal law (18 U.S.C. § 922(g)), and use of a firearm in furtherance of a drug trafficking crime or crime of violence (18 U.S.C. § 924(c)). The 924(c) charge alone carries a mandatory consecutive sentence of 5 to 10 years.
Immigration violations
Illegal entry, illegal reentry after deportation, and alien smuggling are federal crimes investigated by ICE and prosecuted in federal court. These cases also carry immigration consequences beyond the criminal sentence — deportation, removal, and permanent bars to reentry.
How to read this
These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.
Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Federal crimesHow federal cases get defended
Fourth Amendment — challenging the investigation
Federal investigations rely heavily on search warrants, wiretaps, grand jury subpoenas, and surveillance. Overbroad warrants, wiretaps obtained without proper authorization, and evidence gathered through improper means are susceptible to suppression motions. Suppressing key evidence fundamentally changes what the prosecution can prove — and in complex investigations running for years, procedural defects are not rare.
Challenging the sufficiency of the evidence
Federal indictments can look overwhelming — dozens of counts, hundreds of pages of discovery. But each count has specific elements the prosecution must prove beyond a reasonable doubt. A thorough analysis of the evidence on each count often reveals that the government's case is weaker than it appears on paper. Not every count survives scrutiny.
Entrapment
Federal agencies — particularly the FBI — conduct undercover operations and use confidential informants in sting operations targeting drug trafficking, public corruption, terrorism, and other offenses. When the government induced the defendant to commit an offense they were not predisposed to commit, entrapment is a complete defense. Developing the facts of how the government's informant or agent operated is central to this defense.
Sentencing guidelines challenges
Even when a conviction is likely, the defense has significant work to do at sentencing. Federal sentencing guidelines calculate an advisory range based on offense level and criminal history. Challenging how the guidelines apply — the loss amount in fraud cases, drug quantity in trafficking cases, whether enhancements apply — can result in dramatically lower recommended sentences.
How to use this
These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.
Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Federal crimesFederal sentencing — more rigid, more severe
Drug trafficking mandatory minimums
5 to 10+ years
Federal drug sentencing carries mandatory minimums that cannot be avoided by the judge — 5 years for smaller quantities, 10 years for larger amounts, 20 years or more for repeat offenses or death/serious injury cases.
924(c) — firearm in furtherance of a crime
Mandatory consecutive 5–10 years
Using or carrying a firearm during a drug trafficking crime or crime of violence adds a mandatory consecutive 5 years (7 years if brandished, 10 if discharged). This term is in addition to the underlying offense and cannot run concurrent.
White-collar / fraud
Up to 20 years per count
Wire fraud and bank fraud each carry up to 20 years per count. Federal guidelines calculate the sentence based on loss amount — the more money involved, the higher the advisory range.
Supervised release
1 to 5 years after prison
Federal sentences are followed by a period of supervised release — similar to probation — with conditions that can result in re-incarceration if violated. This extends the practical duration of the sentence beyond the prison term.
Asset forfeiture
Property traceable to the offense
Federal law permits forfeiture of assets derived from or used in the offense — money, vehicles, real estate, bank accounts. Civil forfeiture can proceed separately from the criminal case and doesn't require a conviction.
Important
Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

Why federal prosecution is fundamentally different

Federal prosecution differs from state prosecution in ways that affect every aspect of how a case is handled. Federal agencies — the FBI, DEA, IRS Criminal Investigation, Homeland Security — have resources and investigative tools that state law enforcement doesn't. Federal investigations run longer, gather more evidence, and often involve cooperating witnesses who have already made deals before anyone is arrested.

Federal courts operate under the Federal Rules of Criminal Procedure, which differ from Nevada's state rules. Discovery timelines, motion practice, and trial procedure all operate differently. And federal judges apply the United States Sentencing Guidelines — an advisory but influential framework that calculates recommended sentencing ranges based on offense characteristics and criminal history, leaving less discretion than most state judges have.

Appeals from federal District Court go to the Ninth Circuit Court of Appeals, not the Nevada Supreme Court. The Ninth Circuit operates under its own body of precedent, which affects how legal issues are framed and argued.

The federal courts in Nevada

Federal crimes committed in Nevada are prosecuted in the United States District Court for the District of Nevada. The court has two primary locations: the Lloyd D. George Federal District Courthouse at 333 Las Vegas Blvd South in Las Vegas, and the Bruce R. Thompson Federal Building at 400 S. Virginia St. in Reno. Las Vegas is where the overwhelming majority of Nevada federal cases are heard.

The U.S. Attorney's Office for the District of Nevada prosecutes federal cases. Federal prosecutors have specialized units for drug offenses, fraud, violent crime, and other categories — and the prosecutor assigned to a case typically has deep subject-matter experience in that specific area of federal law.

The Ninth Circuit Court of Appeals in San Francisco hears appeals from the District of Nevada. Appellate strategy in federal cases often has to be built into the trial record — preserving legal issues for appeal is part of the trial defense, not an afterthought.

The investigation phase — before charges are filed

In most federal cases, the government has been investigating for months or years before an arrest is made or charges are filed. By the time a defendant learns they're a target, the investigation is often complete and the government has built its case. That's a fundamentally different dynamic than a state arrest where the investigation happens alongside the charging.

The clearest signals that a federal investigation is underway: receipt of a target letter from the U.S. Attorney's Office, a grand jury subpoena for documents or testimony, a visit or call from federal agents, or notification that a business or financial institution has received a subpoena related to your accounts or records.

If any of those things have happened, call an attorney immediately. The window between when an investigation surfaces and when charges are filed is often the most important period in the entire case — and it's the window where the defense can have the most influence. Call 702-990-0190.

Cooperation, mandatory minimums, and the decision that changes everything

Federal prosecutors use cooperation agreements as a tool to build cases up through criminal organizations. A defendant who provides substantial assistance in prosecuting others can receive a sentence below the otherwise applicable mandatory minimum — sometimes dramatically below it. This is called a "5K1.1 motion" after the relevant sentencing guideline provision.

The decision of whether to cooperate is the most consequential choice in many federal cases. It requires an accurate assessment of the strength of the government's evidence, the likely outcome at trial, the availability of cooperation credit, and the personal risks of becoming a cooperating witness. Making that decision without a complete picture of what the government actually has — and doesn't have — is one of the most dangerous mistakes a defendant can make.

On white-collar cases, drug cases, and organized crime cases alike, the cooperation question shapes the entire defense strategy. It has to be made with full information and experienced counsel.

Federal Crimes — FAQs

What people ask us first.

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