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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
In United States v. Morales, No. 16-16507 (June 29, 2018) (Ed Carnes, Marcus, Ross), the Court upheld the defendant's felon in possession conviction and sentence. First, the Court upheld the denial of the defendant's motion to suppress a warrantless search of the home based on the consent of a co-occupant. The Court determined that the [...]
In United States v. Knowles, No. 16-16802 (May 15, 2018) (Jordan, Martin, Ginsburg), the Court concluded that the district court erred by excluding lay identification testimony, but it found the error harmless. The district court had admitted under Rule 701 identification testimony from a government witness. The Court rejected the defendant's argument that the testimony [...]
To Arun Ravindran and Vanessa Chen for securing a government dismissal in a case involving drug and gun charges. Arun and Vanessa moved to suppress the evidence and the magistrate judge agreed that the evidence should be excluded. Rather than objecting to the judge's report and recommendation, the government dismissed.