John D. Kirby
Federal Criminal Defense Attorney
Kirby Criminal Lawyer · San Diego, CA
John D. Kirby has spent more than 25 years in federal court, including more than a decade as a federal prosecutor in the Southern District of California. He brings prosecution-side insight to every defense strategy, from pre-indictment negotiations through jury trial and sentencing.
A working view of the firm environment that supports the courtroom and investigation work.
United States v. M.C.
Full acquittal on all 8 counts of federal conspiracy and money laundering after a three-week jury trial in the Southern District of California.
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Inyo County v. Paiute-Shoshone: When a Tribe's Sovereignty Met a County's Subpoena
The 2003 Supreme Court decision that tested the boundaries of tribal sovereign immunity against state investigative power — argued by John D. Kirby.
Qualified Immunity: The Refinement That Never Happened — and Why It Still Matters
Three decades ago, a Cornell law student proposed a functional test for qualified immunity. The Supreme Court still hasn't adopted it. The lower courts are starting to.
The Advisory Guidelines at Twenty: Has Booker Delivered on Its Promise?
Two decades after the Supreme Court made the Federal Sentencing Guidelines advisory, we examine whether sentencing discretion has been restored — or just rearranged.