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United States v. Wright, No. 22-12338 (Mar. 19, 2024)

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 [...]

2024-05-01T13:17:31+00:00May 1st, 2024|

United States v. Gbenedio, No. 22-12044 (Mar. 6, 2024)

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 [...]

2024-05-01T13:16:38+00:00May 1st, 2024|

United States v. Boone, No. 22-11153 (Apr. 9, 2024)

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) [...]

2024-04-10T21:28:02+00:00April 10th, 2024|

United States v. Handlon, No. 22-13699 (Apr. 3, 2024)

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 [...]

2024-04-09T14:38:31+00:00April 9th, 2024|

United States v. Al Jaberi, No. 22-12852 (Apr. 5, 2024)

In United States v. Al Jaberi, No. 22-12852 (Apr. 5, 2024) (Lagoa, Brasher, Tjoflat), the Court affirmed Mr. Al Jaberi's convictions and sentences. Mr. Al Jaberi was found guilty of smuggling in violation of 18 U.S.C. § 554(a) by willfully and knowingly attempting to export nine firearms from the United States, contrary to 18 U.S.C. § 922(e) and [...]

2024-04-09T14:36:58+00:00April 9th, 2024|

United States v. Vargas, No. 22-10604 (Apr. 3, 2024)

In United States v. Vargas, No. 22-10604 (Apr. 3, 2024) (Jordan, Lagoa, Marcus), the Court affirmed the district court's denial of Mr. Vargas's motion to dismiss his indictment as a result of a 35-month delay between indictment and arrest. Mr. Vargas was charged--in September 2018--with conspiracy to possess with intent to distribute one kilogram or more of [...]

2024-04-08T19:26:39+00:00April 8th, 2024|

United States v. Alhindi, No. 23-11349 (Apr. 1, 2024)

In United States v. Alhindi, No. 23-11349 (Apr. 1, 2024) (Rosenbaum, Newsom, Luck) (per curiam), the Court affirmed the district court's rulings re: competency. This appeal raised two questions regarding how to apply 18 U.S.C. § 4241, which sets forth the procedures for determining a defendant's competency to stand trial and addressing any incompetency. First, the Court [...]

2024-04-08T15:51:42+00:00April 8th, 2024|

United States v. Gray, No. 22-13516 (Feb. 29, 2024)

In United States v. Gray, No. 22-13516 (Feb. 29, 2024) (Wilson, Grant, Lagoa), the Court affirmed Mr. Gray’s conviction for conspiracy to commit a controlled-substance offense. The Court rejected Mr. Gray’s chief contention: that his conviction could not stand because the government failed to prove that he knowingly possessed—as the indictment alleged—either “a Schedule II controlled substance” [...]

2024-04-03T17:54:39+00:00April 3rd, 2024|

United States v. Tripodis, No. 22-12826 (Feb. 29, 2024)

In United States v. Tripodis, No. 22-12826 (Feb. 29, 2024) (Wilson, Grant, Lagoa), the Court upheld the supervised-release portion of the sentence for Mr. Tripodis’s general-conspiracy conviction under a negotiated plea agreement. Mr. Tripodis argued that the plea agreement did not contemplate the imposition of supervised release, and that the government and the district therefore [...]

2024-04-03T16:13:48+00:00April 3rd, 2024|

United States v. Dubois, No. 22-10829 (Mar. 5, 2024)

In United States v. Dubois, No. 22-10829 (Mar. 5, 2024) (William Pryor, Rosenbaum, Abudu), the Court affirmed Mr. Dubois’s convictions and sentence for attempting to smuggle firearms out of the United States, delivering firearms to a common carrier for shipment without written notice, and possessing a firearm as a felon. The Court denied Mr. Dubois’s [...]

2024-03-12T13:30:21+00:00March 12th, 2024|
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