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United States v. Watkins, No. 18-14336 (Sept. 16, 2021)

In United States v. Watkins, No. 18-14336 (Sept. 16, 2021) (Luck, Ed Carnes, Marcus), on remand from the en banc Court, the Court reversed and remanded to the district court for further proceedings. The Court originally reversed the district court's order granting the defendant's motion to suppress on the government's interlocutory appeal.  Though the government conceded that [...]

2021-09-16T20:23:17+00:00September 16th, 2021|

United States v. Braddy, No. 19-12823 (Aug. 31, 2021)

In United States v. Braddy, No. 19-12823 (Aug. 31, 2021) (Rosenbaum, Lagoa, Ed Carnes), the Court affirmed the denial a motion to suppress. First, the Court held that the officer had reasonable suspicion make the traffic stop after observing bicycles obstructing the car’s Florida license plate.  The defendant argued that Alabama traffic law did not [...]

2021-09-01T14:47:20+00:00September 1st, 2021|

In re: Sealed Searched Warrant and Application for a Warrant by Telephone or Other Reliable Electronic Means (United States v. Korf et al.), No. 20-14223 (Aug. 30, 2021)

In In re: Sealed Searched Warrant and Application for a Warrant by Telephone or Other Reliable Electronic Means (United States v. Korf et al.), No. 20-14223 (Aug. 30, 2021) (Martin, Rosenbaum, Luck) (per curiam), the Court upheld the denial of a motion to enjoin the use of a government filter team. The government executed a [...]

2021-09-01T14:47:50+00:00September 1st, 2021|

Mitchell v. Duvall County et al., No. 19-14505 (Aug. 26, 2021)

In Mitchell v. Duvall County et al., No. 19-14505 (Aug. 26, 2021) (Branch, Grant, Tjoflat), the Court re-affirmed that it clearly violates the First Amendment for prison officials to open an inmate’s legal mail outside of his presence. https://media.ca11.uscourts.gov/opinions/pub/files/201914505.pdf http://defensenewsletter.blogspot.com/

2021-08-27T15:44:00+00:00August 27th, 2021|

United States v. Watkins, No. 18-14336 (Aug. 20, 2021)

In United States v. Watkins, No. 18-14336 (Aug. 20, 2021), the en banc Court—in a joint opinion by Judges Martin and Ed Carnes—granted the defendant’s rehearing petition and vacated the panel opinion without oral argument. The en banc Court held that the standard of proof that the government must meet in order to establish that [...]

2021-08-24T14:37:23+00:00August 24th, 2021|

United States v. Gonzalez, No. 19-14381 (Aug. 19, 2021)

In United States v. Gonzalez, No. 19-14381 (Aug. 19, 2021) (Jordan, Newsom, Tjoflat), the Court affirmed the denial of a motion for a reduced sentence under Section 404 of the First Step Act. Joining two other circuits, and accepting the government’s concession, the Court held that a sentence imposed upon revocation of supervised release can [...]

2021-08-19T18:07:36+00:00August 19th, 2021|

United States v. Coats, No. 18-13113 (Aug. 12, 2021)

In United States v. Coats, No. 18-13113 (Aug. 12, 2021) (Martin, Newsom, Julie Carnes), the Court, in a 75-page opinion, affirmed the defendant’s felon in possession conviction and affirmed his ACCA sentence. As to the conviction, the Court found no plain error under Rehaif.  Although the district court committed error that was plain by accepting [...]

2021-08-16T18:38:35+00:00August 16th, 2021|

United States v. Harris, No. 19-13692 (Aug. 9, 2021)

In United States v. Harris, No. 19-13692 (Aug. 9, 2021) (Jill Pryor, Newsom, Marcus), the Court affirmed the defendants’ drug and firearm convictions stemming from a reverse sting police corruption investigation. First, there was sufficient evidence to support the defendants’ convictions based on the evidence at trial. Second, while there was sufficient defense evidence of [...]

2021-08-16T18:38:09+00:00August 16th, 2021|

United States v. Akwuba, No. 19-12230 (Aug. 11, 2021)

In United States v. Akwuba, No. 19-12230 (Aug. 11, 2021) (Wilson, Rosenbaum, Ed Carnes), the Court affirmed, with one exception, the defendant’s convictions for distributing controlled substances and health care fraud as part of a pill mill operation.   First, with one exception, the evidence was sufficient to support her convictions for distribution of controlled [...]

2021-08-16T18:33:55+00:00August 16th, 2021|

United States v. Williams, No. 19-11972 (July 23, 2021)

In United States v. Williams, No. 19-11972 (July 23, 2021) (Martin, Grant, Brasher), the Court affirmed the defendant's convictions for sex trafficking and sentence of life imprisonment. Defendant raised three challenges to his convictions: (1) the district court improperly admitted nude images and videos of the victims; (2) there was not enough evidence to show that he [...]

2021-07-26T18:08:03+00:00July 26th, 2021|
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