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So far fpdsf_author has created 18 blog entries.

United States v. Henry, No. 18-15251 (June 21, 2021)

In United States v. Henry, No. 18-15251 (June 21, 2021) (William Pryor, Grant, Antoon (MD Fla)), the Court vacated the panel opinion upon a petition for rehearing by the government and affirmed the defendant’s sentence. Contrary to the panel’s original opinion, the panel now held that USSG 5G1.3 is advisory, not mandatory.  After Booker, all [...]

2021-06-21T20:47:47+00:00June 21st, 2021|

United States v. Nunez et al., No. 19-14181 (June 17, 2021)

In United States v. Nunez et al., No. 19-14181 (June 17, 2021) (William Pryor, Grant, Tjoflat), the Court affirmed the defendants’ MDLEA convictions. First, the Court held that there was jurisdiction because the vessel was one without nationality.  The “vessel without nationality” definitions in the statute were not exclusive, and the vessel here lacked nationality [...]

2021-06-17T21:47:26+00:00June 17th, 2021|

United States v. Anderson, No. 18-13947 (June 15, 2021)

In United States v. Anderson, No. 18-13947 (June 15, 2021) (Wilson, Branch, Julie Carnes), the Court affirmed the defendant’s mail fraud, false statements, and money laundering convictions. First, the Court held that the district court did not err by asking the defendant whether he knew that he had a right to testify and whether he [...]

2021-06-15T20:52:50+00:00June 15th, 2021|

Assistant Federal Public Defender – Miami

FEDERAL PUBLIC DEFENDER POSITION ANNOUNCEMENT 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, operates under [...]

2021-06-15T13:58:52+00:00June 15th, 2021|

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 [...]

2021-04-21T20:15:23+00:00January 14th, 2021|

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|

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|
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