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 [...]

In United States v. Watkins, No. 19-12951 (July 15, 2022) (Newsom, Tjoflat, Ed Carnes), the Court affirmed the defendants’ fraud convictions. The defendants solicited millions of dollars in investments from wealthy and famous people, including Sir Charles Barkley, by misleading them about their ownership interest in the investment company, that the funds would be used [...]

In United States v. Lewis, No. 20-12997 (July 14, 2022) (Grant, Luck, Hull), the Court affirmed the defendant’s drug convictions. First, the Court upheld the denial of a motion to suppress.  The argued that collateral estoppel prevented the federal government from re-litigating the legality of the traffic stop, which was already decided in state court.  [...]

In United States v. Butler, No. 21-10659 (Wilson, Branch, Tjoflat), the Court affirmed the defendant’s life sentence for enticing a minor to engage in sexual activity and for production of child pornography. Although it was an upward variance from the guideline range of 292-365 months, the Court held that the life sentence was substantively reasonable.  [...]

In Hesser v. United States, No. 19-13297 (July 13, 2022) (Lagoa, Brasher, Tjoflat), the Court reversed the partial denial of a federal prisoner’s 2255 motion. The movant alleged that defense counsel was ineffective for failing to move for a Rule 29 judgment of acquittal after the government’s case in chief.  The district court granted the [...]

In United States v. Stapleton, No. 19-12708 (Newsom, Marcus, Covington) (July 12, 2022), the Court affirmed the defendant’s alien smuggling convictions. First, the Court rejected the defendant’s argument that the government’s four-year delay in extraditing him violated his constitutional right to a speedy trial.  The district court did not clearly err in finding that the [...]

In United States v. Cohen, No. 21-10741 (Wilson, Branch, Tjoflat) (July 6, 2022), the Court affirmed the denial of a motion to suppress. The Court held that Cohen had Fourth Amendment to standing to challenge the search of the rental car he was driving, even though he was not an authorized driver of the rental [...]