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 [...]
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, [...]
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 [...]
FEDERAL PUBLIC DEFENDER POSITION ANNOUNCEMENT LEGAL ASSISTANT MIAMI OFFICE The Federal Public Defender for the Southern District of Florida is accepting applications for the full-time position of Legal Assistant in our Miami office. The Federal Public Defender, a branch of the United States Courts, an Equal Opportunity Employer, operates under the authority of [...]
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 [...]
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 [...]
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 [...]
In United States v. Pate, No. 20-10545 (Aug. 10, 2022) (Newsom, Branch, Lagoa), the Court affirmed Mr. Pate's convictions predicated on violations of 18 U.S.C. § 1521, which prohibits the filing of a false lien or encumbrance against the property of any officer or employee of the United States on account of the performance of official duties. Mr. [...]
In United States v. Witt, No. 21-10557 (Aug. 9, 2022) (Newsom, Marcus, Middlebrooks (S.D. Fla.)), the Court affirmed Ms. Witt's convictions and sentence. Ms. Witt was convicted for her part in a scheme to defraud the federal government out of relief funds intended for farmers affected by drought and fire (the Livestock Forage Disaster Program). She [...]
In King v. United States, No. 20-14100 (July 28, 2022) (Grant, Luck, Anderson), the Court affirmed the denial of a 2255 motion based on Davis. In his plea agreement, the defendant agreed not to collaterally attack his conviction or sentence in a 2255 motion. After Davis, the defendant brought a 2255 motion, arguing that his [...]