In United States v. Mims, No. 22-13215 (J. Pryor, Branch, Grant), the Court held that a district court, even after a defendant completes her probation term, maintains ancillary jurisdiction over a criminal case to enforce unsatisfied restitution obligations that had been included in the defendant’s sentence. Applying the plain error standard, the Court also held [...]
In United States v. Alhindi, No. 24-10595 (11th Cir. Dec. 23, 2024) (C.J. Pryor, Jordan & Marcus), the Court dismissed Mr. Alhindi’s second appeal* of his confinement under 18 U.S.C. § 4241 as moot, because the underlying criminal indictment had been dismissed during the pendency of the appeal, after the district court’s finding that Mr. [...]
In United States v. Gonzalez, No. 23-10578 (July 19, 2024) (Wilson, Luck, Lagoa), the Court affirmed Mr. Gonzalez’s conviction, in accordance with his guilty plea, for possessing stolen mail in violation of 18 U.S.C. § 1708. Mr. Gonzalez, based on a 911 complainant’s report and Miami-Dade police officers’ subsequent observations, was arrested for loitering and prowling—a misdemeanor [...]
In United States v. Steiger, No. 22-10742 (July 16, 2024) (CJ Pryor, J. Pryor, Coogler of N.D. Ala.), the Court (on remand from the en banc Court) affirmed Mr. Steiger’s twenty-year-prison sentence, which the district court imposed upon revoking Mr. Steiger’s original sentence of probation for four wire-fraud-related convictions. The revocation stemmed from Mr. Steiger's intervening state-court [...]
In United States v. Buselli, No. 23-10272 (July 11, 2024) (Jordan, Lagoa, Hull), the Court affirmed Ms. Buselli’s convictions for murder for hire and making false statements to a federal agent, in violation of 18 U.S.C. §§ 1958(a) and 1001(a), respectively. The murder-for-hire plot was intended for Ms. Buselli’s ex-boyfriend or some other third party to murder Ms. [...]
In United States v. Hernandez, No. 22-13311 (July 8, 2024) (Rosenbaum, Newsom, Luck), the Court affirmed Mr. Hernandez’s sentence for several 18 U.S.C. § 924(c) convictions, among other offenses on the same indictment. Although Mr. Hernandez’s original sentence was pronounced before the First Step Act’s passage, it was judicially vacated after such passage. He therefore argued—and the government [...]
In United States v. Wright, No. 22-12338 (Mar. 19, 2024) (Branch, Grant, Carnes), the Court affirmed Mr. Wright’s conviction, pursuant to a plea agreement, for producing child pornography in violation of 18 U.S.C. § 2251(a) and (e). Mr. Wright argued that § 2251(a) required proof that the minor in question had volitionally participated in the sexually [...]
In United States v. Gbenedio, No. 22-12044 (Mar. 6, 2024) (CJ Pryor, Rosenbaum, Abudu), the Court affirmed Mr. Gbenedio’s convictions and sentence for unlawful drug dispensing. The charges were based on allegations that Mr. Gbenedio, a licensed pharmacists, had operated his business as a “pill mill.” The Court addressed six issues: First, the district court [...]
In United States v. Boone, No. 22-11153 (Apr. 9, 2024) (Jordan, Lagoa, Hull), the Court affirmed Mr. Boone's 840-month sentence. Mr. Boone pleaded guilty to using a minor to produce child pornography, and distributing and possessing child pornography, in violation of 18 U.S.C. §§ 2251 and 2252A. The PSR recommended applying a five-level increase pursuant to U.S.S.G. § 4B1.5(b) [...]
In United States v. Handlon, No. 22-13699 (Apr. 3, 2024) (Rosenbaum, Grant, Ed Carnes) (per curiam), the Court affirmed the denial of a motion for compassionate release. Mr. Handlon moved for compassionate release, contending that his eighty-five-year-old father had severe medical issues and needed help. He requested that he be released to spend what time he had [...]