In United States v. Ruan, No. 17-12653 (Jan. 5, 2023) (Wilson, Newsom, Coogler) (per curiam), the Court affirmed in part and vacated in part the defendants’ convictions. This case was on remand from the Supreme Court, which clarified the mens rea standard for a doctor’s liability under the federal drug statute, 21 U.S.C. 841. The [...]
In United States v. Jackson, No. 21-13963 (Dec. 13, 2022) (Rosenbaum, Jill Pryor, Ed Carnes), the Court reversed course and held that the Supreme Court's reasoning in McNeill v. United States, 563 U.S. 816 (2011), requires the conclusion that ACCA's "serious drug offense" definition incorporates the version of the controlled-substances list in effect when the defendant was convicted [...]
In United States v. Garcon, No. 19-14650 (Dec. 6, 2022), the en banc Court--in an opinion authored by Chief Judge Pryor--considered whether, in the First Step Act, the word "and" means "and" with regard to a grant of safety-valve relief. More specifically, the en banc Court considered the language of 18 U.S.C. § 3553(f)(1), which empowers a [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]