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United States v. B.G.G., No. 21-10165 (Nov. 22, 2022)

In United States v. B.G.G., No. 21-10165 (Nov. 22, 2022) (Wilson, Luck, Lagoa), the Court, on appeal by the government, vacated the dismissal of an information with prejudice under Rule 48(a). During the pandemic, the Southern District of Florida imposed a temporary moratorium on grand juries.  Concerned that they would not be able to charge [...]

2022-11-22T21:36:35+00:00November 22nd, 2022|

ASSISTANT FEDERAL PUBLIC DEFENDER – MIAMI/WEST PALM BEACH OFFICE

FEDERAL PUBLIC DEFENDER POSITION ANNOUNCEMENT ASSISTANT FEDERAL PUBLIC DEFENDER MIAMI/WEST PALM BEACH OFFICE The Federal Public Defender for the Southern District of Florida is accepting applications for the positions of Assistant Federal Public Defender in our Miami and West Palm Beach offices. The Federal Public Defender, a branch of the United States Courts, [...]

2022-11-22T19:29:43+00:00November 22nd, 2022|

United States v. Malone, No. 20-12744 (Oct. 26, 2022)

In United States v. Malone, No. 20-12744 (Oct. 26, 2022) (Rosenbaum, Tjoflat, Moody (M.D. Fla.)), the Court, applying plain-error review, vacated Mr. Malone's sentence and remanded for resentencing before a different district court judge. Mr. Malone was charged with (1) three counts of wire fraud, in violation of 18 U.S.C. § 1343; (2) one count of interstate [...]

2022-10-27T16:34:24+00:00October 27th, 2022|

United States v. Conage, No. 17-13975 (Sept. 30, 2022)

In United States v. Conage, No. 17-13975 (Sept. 30, 2022) (Ed Carnes, Julie Carnes, Clevenger) (per curiam), the Court affirmed the defendant’s ACCA sentence based on a prior drug trafficking conviction under Fla. Stat. 893.135. The defendant argued that his prior conviction was not a ACCA “serious drug offense” because 893.135 can be committed by [...]

2022-10-01T01:04:53+00:00October 1st, 2022|

United States v. Grushko, No. 20-10438 (Sept. 23, 2022)

In United States v. Grushko, No. 20-10438 (Sept. 23, 2022) (Jordan, Jill Pryor, Marcus), the Court affirmed the defendants’ convictions and sentences for conspiracy to commit access device fraud. First, the Court held that officers did not violate the Fourth Amendment by entering the defendants’ home after detaining them outside.  Under the totality of the [...]

2022-09-23T17:43:49+00:00September 23rd, 2022|

Fellowship -Assistant Federal Public Defender – Miami

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

2022-09-21T16:14:51+00:00September 21st, 2022|

United States v. Doak, No. 19-15106 (Sept. 7, 2022)

In United States v. Doak, No. 19-15106 (Sept. 7, 2022) (Grant, Luck, Hull), the Court largely affirmed the defendants’ convictions and sentences for offenses involving the transportation and sexual abuse of minors. As to the counts under 2423(a)—charging the transportation of minors with the intent that they engage in unlawful sexual activity—the defendants argued that [...]

2022-09-07T14:42:02+00:00September 7th, 2022|

United States v. Ifediba, No. 20-13218 (Aug. 25, 2022)

In United States v. Ifediba, No. 20-13218 (Aug. 25, 2022) (Jill Pryor, Branch, Ed Carnes), the Court affirmed the defendants' convictions and sentences. Mr. Ifediba, a doctor, operated a clinic called CCMC, and employed his sister, Ms. Ozuligbo, as a nurse there.  Mr. Ifediba was alleged to have been running a "pill mill" to distribute controlled [...]

2022-08-29T15:43:41+00:00August 29th, 2022|

United States v. Utsick, No. 16-16505 (Aug. 22, 2022)

In United States v. Utsick, No. 16-16505 (Aug. 22, 2022) (Newsom, Marcus, Covington (M.D. Fla.)), the Court affirmed Mr. Utsick's sentence and order of restitution. Mr. Utsick was charged with nine counts of mail fraud, in violation of 18 U.S.C. § 1341 based upon an earlier civil action brought by the SEC regarding securities fraud.  Before authorities could [...]

2022-08-22T20:02:01+00:00August 22nd, 2022|

Alvarado-Linares v. United States, No. 19-14994 (Aug. 16, 2022)

In Alvarado-Linares v. United States, No. 19-14994 (Aug. 16, 2022) (Newsom, Branch, Brasher), the Court affirmed the district court's denial of Mr. Alvarado-Linares's Davis-based § 2255 motion. Mr. Alvarado-Linares was convicted of one count of conspiracy under the Racketeer Influenced Corrupt Organizations Act ("RICO"), in violation of 18 U.S.C. § 1962(d); four counts under the Violent Crimes in Aid [...]

2022-08-22T19:35:54+00:00August 22nd, 2022|
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