The Weil Firm

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(404) 581-0000Visit WebsiteMap & Directions511 E Paces Ferry Rd NEAtlanta, GA 30305 Write a Review

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Mon - Fri:	9:00 am - 5:00 pm

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Buckhead, Buckhead Village

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Sam Garcia

Weil Firm

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http://www.theweilfirm.com

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Phone: (404) 581-0000

Address: 511 E Paces Ferry Rd NE, Atlanta, GA 30305

Website: http://www.theweilfirm.com

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The Weil Firm

Criminal Defense
Ms. Weil has authored several articles on appellate practice, criminal law and sentencing, and is a frequent speaker and television commentator.
Fraud
White Collar Crimes
Drug Crimes
Amy Levin Weil has been in private practice since 2008, after having served for 25 years as a federal prosecutor in the United States Attorney's Office for the Northern District of Georgia, United States Department of Justice. For 18 years, from 1990-2008, she served as Chief of the Appellate Division, supervising the appellate work of over 70 lawyers. From 1992-95, Ms. Weil served as Senior Litigation Counsel; from 1987-1993 she prosecuted a wide range of violent crime and drug cases in the General Crimes Section of the Criminal Division; and from 1983-1987 she represented the United States in civil litigation as an Assistant United States Attorney in the Civil Division.
Arson
Jay Scott Ballinger entered a negotiated guilty plea to five counts of church arson, in violation of 18 U.S.C. Â§ 247, based on an arson spree during which Ballinger destroyed or badly damaged 11 churches, killing a volunteer firefighter, and seriously injuring three other volunteer firefighters. As part of his plea agreement, Ballinger reserved the right to appeal the constitutionality of Â§ 247 under the Commerce Clause, U.S. Const., Art. I, Â§ 8, cl. 3, both on its face and as applied to him. On appeal, a panel of the Eleventh Circuit Court of Appeals reversed Ballinger's convictions, holding that, although Â§ 247 was a constitutional exercise of the commerce power, Ballinger's conduct did not fall within the ambit of the statute. The government's petition for rehearing en banc was granted, and the panel opinion was vacated. On rehearing en banc by the full Court, the Court reversed its previous position and upheld Ballinger's conviction, holding that Congress' authority under the Commerce Clause includes the power to punish a church arsonist who uses the channels and instrumentalities of interstate commerce to commit his offenses, and that Ballinger's use of channels and instrumentalities of interstate commerce to carry out an arson spree in which he crossed interstate borders six times to set fire to 11 churches in four states within a month met the statutory requirement that the offense be â€œin interstate commerce.â€
Kidnapping
Richard Junior Frazier was indicted for kidnapping, and at his jury trial sought to introduce the opinion of a forensic investigator who would was prepared to testify that forensic evidence did not show the presence of Frazier's hair or fluids on the victim or in her car, yet with the amount of sexual activity claimed by the victim it would have been â€œexpectedâ€ that some transfer of hairs or seminal fluid would have occurred. The district court excluded this testimony, Frazier was convicted, and he received a sentence of life imprisonment. On appeal, a panel of the Eleventh Circuit Court of Appeals reversed Frazier's conviction, ruling that the trial judge abused his discretion in excluding the forensic investigator's opinion. The full Court granted rehearing en banc, vacated the panel opinion, and upheld the conviction. The en banc Court held that the district court properly excluded the forensic investigator's opinion, because an opinion as to what would be â€œexpectedâ€ was inherently ambiguous; the opinion was unreliable because no basis was offered to support it, either by reliable scientific studies or the expert's own experience; and the opinion would not aid the jury because it was imprecise and unspecific.
Prostitution
United States v. Pipkins, 378 F.3d 1281 (11th Cir. 2004) ( upheld use of RICO statute to prosecute child prostitution), United States v. Timmons, 283 F.3d 1246 (11th Cir. 2002) (upheld passive use of firearm in Â§ 924(c) prosecution), United States v. Rucker, 171 F.3d 1359 (11th Cir. 1999) (obtained reversal of downward departure at sentencing), Blaik v. United States, 161 F.3d 1341 (11th Cir. 1998) (successful petition for panel rehearing), In re Reed, 161 F.3d 1311 (11th Cir. 1998) (upheld criminal contempt), United States v. Phillips,120 F.3d 227 (11th Cir. 1997) (obtained reversal of downward departure at sentencing), United States v. Chotas, 968 F.2d 1193 (11th Cir. 1992) (same) United States v. Wright, 133 F.3d 1412 (11th Cir. 1998) (successful defense to Second Amendment challenge), United States v. Aimufua, 935 F.2d 1199 (11th Cir. 1991) (denial of acceptance for continued criminal activity affirmed), United States v. Forker, 928 F.2d 365 (11th Cir. 1991) (reversal of suppression motion), United States v. Reed, 924 F.2d 1014 (11th Cir. 1991) (application of 18 U.S.C. Â§ 1963(m) did not violate the

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