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United States v. Vargas, No. 22-10604 (Apr. 3, 2024)

In United States v. Vargas, No. 22-10604 (Apr. 3, 2024) (Jordan, Lagoa, Marcus), the Court affirmed the district court's denial of Mr. Vargas's motion to dismiss his indictment as a result of a 35-month delay between indictment and arrest. Mr. Vargas was charged--in September 2018--with conspiracy to possess with intent to distribute one kilogram or more of [...]

2024-04-08T19:26:39+00:00abril 8th, 2024|

United States v. Alhindi, No. 23-11349 (Apr. 1, 2024)

In United States v. Alhindi, No. 23-11349 (Apr. 1, 2024) (Rosenbaum, Newsom, Luck) (per curiam), the Court affirmed the district court's rulings re: competency. This appeal raised two questions regarding how to apply 18 U.S.C. § 4241, which sets forth the procedures for determining a defendant's competency to stand trial and addressing any incompetency. First, the Court [...]

2024-04-08T15:51:42+00:00abril 8th, 2024|

United States v. Gray, No. 22-13516 (Feb. 29, 2024)

In United States v. Gray, No. 22-13516 (Feb. 29, 2024) (Wilson, Grant, Lagoa), the Court affirmed Mr. Gray’s conviction for conspiracy to commit a controlled-substance offense. The Court rejected Mr. Gray’s chief contention: that his conviction could not stand because the government failed to prove that he knowingly possessed—as the indictment alleged—either “a Schedule II controlled substance” [...]

2024-04-03T17:54:39+00:00abril 3rd, 2024|

United States v. Tripodis, No. 22-12826 (Feb. 29, 2024)

In United States v. Tripodis, No. 22-12826 (Feb. 29, 2024) (Wilson, Grant, Lagoa), the Court upheld the supervised-release portion of the sentence for Mr. Tripodis’s general-conspiracy conviction under a negotiated plea agreement. Mr. Tripodis argued that the plea agreement did not contemplate the imposition of supervised release, and that the government and the district therefore [...]

2024-04-03T16:13:48+00:00abril 3rd, 2024|

United States v. Dubois, No. 22-10829 (Mar. 5, 2024)

In United States v. Dubois, No. 22-10829 (Mar. 5, 2024) (William Pryor, Rosenbaum, Abudu), the Court affirmed Mr. Dubois’s convictions and sentence for attempting to smuggle firearms out of the United States, delivering firearms to a common carrier for shipment without written notice, and possessing a firearm as a felon. The Court denied Mr. Dubois’s [...]

2024-03-12T13:30:21+00:00marzo 12th, 2024|

United States v. Kent, No. 22-13068 (Feb. 26, 2024)

In United States v. Kent, No. 22-13068 (Feb. 26, 2024) (Wilson, Jill Pryor, Brasher), the Court affirmed Mr. Kent's conviction. Mr. Kent was charged with RICO conspiracy and five substantive crimes, including an attempted murder.  The government alleged that the gang Mr. Kent was allegedly a member of murdered a former gang member--Rhodes--for cooperating with the [...]

2024-02-27T18:35:47+00:00febrero 27th, 2024|

Rudolph v. United States, No. 21-12828 (Feb. 12, 2024)

In Rudolph v. United States, No. 21-12828 (Feb. 12, 2024) (Wilson, Grant, Brasher), the Court found Mr. Rudolph's attempts to collaterally attack his sentences barred by his plea agreement. In order to avoid the death penalty for setting off a series of bombs (some during the Olympics in Atlanta), Mr. Rudolph pleaded guilty to six federal arson [...]

2024-02-27T18:34:46+00:00febrero 27th, 2024|

United States v. Sanfilippo, No. 22-11175 (Feb. 8, 2024)

In United States v. Sanfilippo, No. 22-11175 (Feb. 8, 2024) (Jordan, Lagoa, Marcus), the Court dismissed Mr. Sanfilippo's appeal. Mr. Sanfilippo appealed his conviction for wire fraud pursuant to a guilty plea.  He argued that the district court erred in denying his motion to dismiss the indictment against him because it was issued after the expiration of the [...]

2024-02-27T16:32:37+00:00febrero 27th, 2024|

United States v. Daniels, No. 22-10408 (Jan. 24, 2024)

In United States v. Daniels, No. 22-10408 (Jan. 24, 2024) (Jordan, Lagoa, Marcus), the Court affirmed Mr. Daniels's convictions and sentence. Mr. Daniels was convicted of ten counts of Hobbs Act robbery and sentenced to 180 months' imprisonment. On appeal, he first argued that the district court erred by rejecting his proposed jury instruction on eyewitness identifications, [...]

2024-02-27T15:53:06+00:00febrero 27th, 2024|

United States v. Pugh, No. 21-13136 (Jan. 18, 2024)

In United States v. Pugh, No. 21-13136 (Jan. 18, 2024) (Lagoa, Brasher, Boulee (N.D. Ga.)), the Court affirmed Ms. Pugh's conviction. The Court addressed an issue of first impression regarding the constitutionality of 18 U.S.C. § 231(a)(3), which prohibits impeding law enforcement officers during a civil disorder affecting interstate commerce.  It was alleged that during a protest in [...]

2024-01-29T20:51:47+00:00enero 29th, 2024|
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