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United States v. Witt, No. 21-10557 (Aug. 9, 2022)

In United States v. Witt, No. 21-10557 (Aug. 9, 2022) (Newsom, Marcus, Middlebrooks (S.D. Fla.)), the Court affirmed Ms. Witt's convictions and sentence.  Ms. Witt was convicted for her part in a scheme to defraud the federal government out of relief funds intended for farmers affected by drought and fire (the Livestock Forage Disaster Program).  She [...]

2022-08-10T15:42:38+00:00August 10th, 2022|

RESEARCH AND WRITING SPECIALIST – MIAMI

  FEDERAL PUBLIC DEFENDER POSITION ANNOUNCEMENT RESEARCH & WRITING SPECIALIST MIAMI OFFICE   The Federal Public Defender for the Southern District of Florida is accepting applications for the position of Research & Writing Specialist in our Miami office.  The Federal Public Defender, a branch of the United States Courts, an Equal Opportunity Employer, [...]

2022-08-09T21:05:04+00:00August 9th, 2022|

King v. United States, No. 20-14100 (July 28, 2022)

In King v. United States, No. 20-14100 (July 28, 2022) (Grant, Luck, Anderson), the Court affirmed the denial of a 2255 motion based on Davis. In his plea agreement, the defendant agreed not to collaterally attack his conviction or sentence in a 2255 motion.  After Davis, the defendant brought a 2255 motion, arguing that his [...]

2022-07-28T20:22:51+00:00July 28th, 2022|

United States v. Watkins, No. 19-12951 (July 15, 2022)

In United States v. Watkins, No. 19-12951 (July 15, 2022) (Newsom, Tjoflat, Ed Carnes), the Court affirmed the defendants’ fraud convictions. The defendants solicited millions of dollars in investments from wealthy and famous people, including Sir Charles Barkley, by misleading them about their ownership interest in the investment company, that the funds would be used [...]

2022-07-20T16:58:44+00:00July 20th, 2022|

United States v. Lewis, No. 20-12997 (July 14, 2022)

In United States v. Lewis, No. 20-12997 (July 14, 2022) (Grant, Luck, Hull), the Court affirmed the defendant’s drug convictions. First, the Court upheld the denial of a motion to suppress.  The argued that collateral estoppel prevented the federal government from re-litigating the legality of the traffic stop, which was already decided in state court.  [...]

2022-07-20T16:57:28+00:00July 20th, 2022|

United States v. Butler, No. 21-10659

In United States v. Butler, No. 21-10659 (Wilson, Branch, Tjoflat), the Court affirmed the defendant’s life sentence for enticing a minor to engage in sexual activity and for production of child pornography. Although it was an upward variance from the guideline range of 292-365 months, the Court held that the life sentence was substantively reasonable.  [...]

2022-07-28T20:24:02+00:00July 14th, 2022|

Hesser v. United States, No. 19-13297 (July 13, 2022)

In Hesser v. United States, No. 19-13297 (July 13, 2022) (Lagoa, Brasher, Tjoflat), the Court reversed the partial denial of a federal prisoner’s 2255 motion. The movant alleged that defense counsel was ineffective for failing to move for a Rule 29 judgment of acquittal after the government’s case in chief.  The district court granted the [...]

2022-07-28T20:24:27+00:00July 13th, 2022|

United States v. Stapleton, No. 19-12708 (July 12, 2022)

In United States v. Stapleton, No. 19-12708 (Newsom, Marcus, Covington) (July 12, 2022), the Court affirmed the defendant’s alien smuggling convictions. First, the Court rejected the defendant’s argument that the government’s four-year delay in extraditing him violated his constitutional right to a speedy trial.  The district court did not clearly err in finding that the [...]

2022-07-28T20:24:55+00:00July 13th, 2022|

United States v. Cohen, No. 21-10741 (July 6, 2022)

In United States v. Cohen, No. 21-10741 (Wilson, Branch, Tjoflat) (July 6, 2022), the Court affirmed the denial of a motion to suppress. The Court held that Cohen had Fourth Amendment to standing to challenge the search of the rental car he was driving, even though he was not an authorized driver of the rental [...]

2022-07-28T20:25:44+00:00July 6th, 2022|

Riolo v. United States, No. 20-12206 (June 29, 2022)

In Riolo v. United States, No. 20-12206 (June 29, 2022) (Jordan, Jill Pryor, Marcus), the Court affirmed the denial of Mr. Riolo's 28 U.S.C. § 2255 motion to vacate his 293-month prison sentence and convictions.     Mr. Riolo argued that his trial counsel provided ineffective assistance of counsel because she told him that if he pleaded guilty to [...]

2022-07-01T15:32:10+00:00July 1st, 2022|
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