In United States v. Watkins, No. 18-14336 (Aug. 20, 2021), the en banc Court—in a joint opinion by Judges Martin and Ed Carnes—granted the defendant’s rehearing petition and vacated the panel opinion without oral argument. The en banc Court held that the standard of proof that the government must meet in order to establish that [...]
In United States v. Gonzalez, No. 19-14381 (Aug. 19, 2021) (Jordan, Newsom, Tjoflat), the Court affirmed the denial of a motion for a reduced sentence under Section 404 of the First Step Act. Joining two other circuits, and accepting the government’s concession, the Court held that a sentence imposed upon revocation of supervised release can [...]
In United States v. Coats, No. 18-13113 (Aug. 12, 2021) (Martin, Newsom, Julie Carnes), the Court, in a 75-page opinion, affirmed the defendant’s felon in possession conviction and affirmed his ACCA sentence. As to the conviction, the Court found no plain error under Rehaif. Although the district court committed error that was plain by accepting [...]
In United States v. Harris, No. 19-13692 (Aug. 9, 2021) (Jill Pryor, Newsom, Marcus), the Court affirmed the defendants’ drug and firearm convictions stemming from a reverse sting police corruption investigation. First, there was sufficient evidence to support the defendants’ convictions based on the evidence at trial. Second, while there was sufficient defense evidence of [...]
In United States v. Akwuba, No. 19-12230 (Aug. 11, 2021) (Wilson, Rosenbaum, Ed Carnes), the Court affirmed, with one exception, the defendant’s convictions for distributing controlled substances and health care fraud as part of a pill mill operation. First, with one exception, the evidence was sufficient to support her convictions for distribution of controlled [...]
In United States v. Williams, No. 19-11972 (July 23, 2021) (Martin, Grant, Brasher), the Court affirmed the defendant's convictions for sex trafficking and sentence of life imprisonment. Defendant raised three challenges to his convictions: (1) the district court improperly admitted nude images and videos of the victims; (2) there was not enough evidence to show that he [...]
In United States v. Dudley, No. 19-10267 (July 22, 2021) (Newsom, Branch, Ray (N.D. Ga.)), the Court affirmed the defendant's ACCA-enhanced sentence. Judge Branch delivered the opinion of the Court, in which Judge Ray joined, and Judge Newsom joined in all but Part III.A. On appeal, defendant argued that he was not ACCA because there was insufficient [...]
In United States v. Moss, 17-10473 (July 22, 2021) (en banc), the Court vacated its order granting rehearing en banc, and reinstated the panel's opinion in light of the Supreme Court's opinion in Borden v. United States, 141 S. Ct. 1817 (2021). The reinstated panel opinion held that Georgia aggravated assault did not satisfy the elements clause [...]
In United States v. Carrasquillo, 19-14143 (July 14, 2021) (Jordan, Newsom, Tjoflat), the Court affirmed defendant's 60-month sentence for conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute. Defendant first argued that the district court erred by failing to elicit objections after imposing his sentence, thereby committing Jones error. The Court [...]
In United States v. Colston, No. 19-13518 (July 13, 2021) (Grant, Tjoflat, Ed Carnes), the Court affirmed defendant's convictions for knowingly possessing with intent to distribute 2 kg of cocaine, in violation of 21 U.S.C. § 841(a)(1), and conspiring to distribute cocaine, in violation of 21 U.S.C. § 846. Defendant walked into a post office, showed a tracking [...]