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So far fpdsf_author has created 16 blog entries.

In re Garrett, No. 18-1380 (Nov. 2, 2018)

In In re Garrett, No. 18-1380 (Nov. 2, 2018) (Wiliam Pryor, Hul, Julie Carnes), the Court denied an application for authorization to file a second or successive 2255 motion based on Johnson and Dimaya.   Given the en banc Court's decision in Ovalles that 924(c)(3)(B) is not unconstitutionally vague after Dimaya, the Court held that [...]

2018-11-02T18:47:32+00:00November 2nd, 2018|

United States v. Jones, No. 17-12240 (Oct. 25, 2018)

In United States v. Jones, No. 17-12240 (Oct. 25, 2018) (Marcus, Tjoflat, Newsom), the Court held that Florida second-degree murder is a violent felony under the elements clause of the Armed Career Criminal Act. The Court rejected the defendant's primary argument that the use of poison did not constitute the use of physical force.  Prior [...]

2018-10-25T19:02:50+00:00October 25th, 2018|

United States v. Carthen, No. 16-17653 (Oct. 25, 2018)

In United States v. Carthen, No. 16-17653 (Oct. 25, 2018) (Martin, William Pryor, Baldock), the Court affirmed the defendants' robbery and firearms convictions and sentences over multiple challenges. First, the Court found sufficient evidence that one of the defendants conspired to commit a robbery and voluntarily participated in the robbery with a firearm. Second, the [...]

2018-10-25T17:24:24+00:00October 25th, 2018|

United States v. Garcia, No. 14-11845 (Oct. 19, 2018)

In United States v. Garcia, No. 14-11845 (Oct. 19, 2018) (Marcus, Wilson, Graham (S.D. Ohio)), the Court affirmed the defendant's tax-related convictions. The primary issue was whether reversal was required because the district judge resumed trial without the presence of either the defendant or defense counsel for 3 to 10 minutes, during which time the [...]

2018-10-22T19:56:28+00:00October 22nd, 2018|

Assistant Federal Public Defender – Fort Lauderdale

FEDERAL PUBLIC DEFENDER POSITION ANNOUNCEMENT ASSISTANT FEDERAL PUBLIC DEFENDER FORT LAUDERDALE OFFICE The Federal Public Defender for the Southern District of Florida is accepting applications for the position of Assistant Federal Public Defender in our Fort Lauderdale office. The Federal Public Defender, a branch of the United States Courts, an Equal Opportunity Employer, [...]

2018-09-21T19:36:35+00:00September 21st, 2018|

Appellate Legal Secretary -SD/FL

FEDERAL PUBLIC DEFENDER POSITION ANNOUNCEMENT APPELLATE LEGAL SECRETARY MIAMI OFFICE The Federal Public Defender for the Southern District of Florida is accepting applications for the full-time position of Appellate Legal Secretary in our Miami office. The Federal Public Defender, a branch of the United States Courts is an Equal Opportunity Employer and operates [...]

2018-10-19T18:26:33+00:00August 1st, 2018|

Accepting Applications for the Criminal Just Act Panel

PUBLIC NOTICE CONCERNING CJA PANEL MEMBERSHIP The United States District Court for the Southern District of Florida is seeking applicants for the SDFL Criminal Justice Act Panel (CJA Panel) for a three-year term beginning October 1, 2018. The CJA Panel is comprised of private attorneys who are authorized to serve as appointed defense counsel pursuant [...]

2018-07-16T15:42:15+00:00July 16th, 2018|

LAW STUDENT INTERNSHIP OPPORTUNITY

FEDERAL PUBLIC DEFENDER’S OFFICE - Southern District of Florida LAW STUDENT INTERNSHIP OPPORTUNITY             The Federal Public Defender's Office for the Southern District of Florida represents indigent defendants in federal criminal cases and is managed by the Federal Public Defender, who is appointed by the Eleventh Circuit. The office is staffed by Assistant Federal Public [...]

2018-07-09T19:56:40+00:00July 9th, 2018|

United States v. Morales, No. 16-16507 (June 29, 2018)

In United States v. Morales, No. 16-16507 (June 29, 2018) (Ed Carnes, Marcus, Ross), the Court upheld the defendant's felon in possession conviction and sentence. First, the Court upheld the denial of the defendant's motion to suppress a warrantless search of the home based on the consent of a co-occupant.  The Court determined that the [...]

2018-06-29T18:04:00+00:00June 29th, 2018|

United States v. Knowles, No. 16-16802 (May 15, 2018)

In United States v. Knowles, No. 16-16802 (May 15, 2018) (Jordan, Martin, Ginsburg), the Court concluded that the district court erred by excluding lay identification testimony, but it found the error harmless. The district court had admitted under Rule 701 identification testimony from a government witness.  The Court rejected the defendant's argument that the testimony [...]

2018-05-16T13:36:01+00:00May 16th, 2018|