In United States v. Lopez, No. 21-12709 (Aug. 7, 2023) (William Pryor, Jill Pryor, Grant), the Court, in the immigration context, held that a violation of 18 U.S.C. § 1956(a)(1)(B) is not categorically a crime of moral turpitude. In so holding, the Court applied the categorical approach. It noted that when an individual has been convicted of [...]
In United States v. Moore, No. 21-12291 (Aug. 11, 2023) (Lagoa, Brasher, Ed Carnes), the Court affirmed Mr. Moore's conviction and sentence. Mr. Moore was charged with one count of being a felon in possession of a firearm. He proceeded to trial and asserted a justification defense. He was found guilty and sentenced to 80 months imprisonment. [...]
In United States v. Rodriguez, No. 20-13534 (Aug. 1, 2023) (William Pryor, Jill Pryor, Grant), the Court affirmed in part and vacated in part Mr. Rodriguez's sentence, and remanded for a limited resentencing. Mr. Rodriguez appealed his sentence for possession with intent to distribute 100 grams or more of heroin and 50 grams or more of methamphetamine. [...]
In United States v. Miles, No. 21-12609 (Lagoa, Brasher, Boulee), the Court vacated the defendant’s ACCA sentence. The Court held that a prior Florida conviction for unlawful possession of a listed chemical under Fla. Stat. 893.149 is not a “serious drug offense” under ACCA. The elements of that offense requires one to possess the chemical [...]
In United States v. Gary, No. 21-13249 (July 21, 2023) (Wilson, Luck, Hull) (per curiam), the Court held upheld the defendant’s ACCA sentence. The Court held that Florida aggravated assault qualified as a “violent felony” under the ACCA’s elements clause. The Court relied on its decision in Somers, which reached that same conclusion after the [...]
In United States v. Ahmed, No. 20-14264 (July 13, 2023) (Rosenbaum, Branch, Brasher), the Court affirmed the defendant’s convictions for healthcare fraud, wire fraud, and money laundering. irst, the Court found no Sixth Amendment violation due to counsel’s failure to visit the defendant during an overnight recess out of concerns about the pandemic. Any lack [...]
In Garrison v. United States, No. 20-13260 (July 13, 2023) (Branch, Luck, Antoon), the Court affirmed the denial of a 2255 motion challenging a 924(c) conviction based on Davis. he 924(c) conviction in this stash house robbery case was based on two drug trafficking offenses and Hobbs Act conspiracy, the latter of which is no [...]
In United States v. Walker, No. 22-10164 (July 13, 2023) (William Pryor, Luck, Hull), the Court affirmed the defendant’s sex trafficking convictions. First, the evidence was sufficient to support a conviction of sex trafficking by coercion because a reasonable jury could have found that the defendant had a scheme, plan, or pattern intended to cause [...]
In Perkins v. United States, No. 20-14781 (July 10, 2023) (Branch, Grant, Schlesinger), the Court affirmed the denial of a 2255 motion. First, the Court affirmed the denial of a substantive competency/due process claim. The district court did not clearly err in finding that the movant was competent at the time of sentencing and in [...]
In United States v. Jews, No. 22-10502 (July 6, 2023) (Wilson, Newsom, Lagoa), the Court vacated the defendant’s sentence. The Court held that the defendant’s Alabama youthful-offender adjudication was not an “adult” conviction under U.S.S.G. 2K2.1 or 4A1.2. The Court reached that conclusion after applying four factors from circuit precedent. First, state law did not [...]