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So far fpdsf_author has created 197 blog entries.

United States v. Hall, No. 22-10230 (Apr. 5, 2023)

In United States v. Hall, No. 22-10230 (Apr. 5, 2023) (Branch, Brasher, Ed Carnes), the Court held, as a matter of first impression, that a district court may not sentence a defendant to home confinement for violating the terms of his supervised release where the district court has also sentenced the defendant to the statutory maximum period of imprisonment [...]

2023-04-06T14:08:21+00:00abril 6th, 2023|

United States v. Penn, No. 21-12420 (Mar. 24, 2023)

In United States v. Penn, No. 21-12420 (Mar. 24, 2023) (Lagoa, Brasher, Ed Carnes), the Court affirmed the defendant’s ACCA sentence based on prior Florida sale-of-cocaine convictions. In holding that the prior convictions were ACCA “serious drug offenses,” the Court rejected three arguments. First, circuit precedent foreclosed the defendant’s argument that a serious drug offense [...]

2023-03-27T14:05:22+00:00marzo 27th, 2023|

United States v. Batmasian, No. 21-12800 (Mar. 24, 2023)

In United States v. Batmasian, No. 21-12800 (Mar. 24, 2023) (Branch, Luck, Antoon), the Court held that the district court lacked jurisdiction to consider the pardoned defendant’s motion to expunge his conviction. The defendant filed his expungement motion in the district court that convicted him. But the Eleventh Circuit rejected the defendant’s reliance on the [...]

2023-03-27T14:04:28+00:00marzo 27th, 2023|

United States v. Files, No. 21-12859 (Mar. 24, 2023)

In United States v. Files, No. 21-12859 (Mar. 24, 2023) (Newsom, Luck, Tjoflat), the Court affirmed the denial of the defendant’s motion for a reduced sentence under Section 404 of the First Step Act. The question in the case was whether the district court had authority to reduce the defendant’s sentence for a non-covered offense [...]

2023-03-27T14:03:46+00:00marzo 27th, 2023|

United States v. Morel, No. 20-14315 (Mar. 23, 2023)

In United States v. Morel, No. 20-14315 (Mar. 23, 2023) (William Pryor, Rosenbaum, Marcus), the Court affirmed the defendant’s convictions for importing cocaine. First, the district court interrupted the trial to instruct the jury about the law of conspiracy after a witness incorrectly used the term incorrectly, implying that he had to personally know the [...]

2023-03-23T20:25:41+00:00marzo 23rd, 2023|

United States v. Williams, No. 21-12877 (Mar. 23, 2023)

In United States v. Williams, No. 21-12877 (Mar. 23, 2023) (William Pryor, Hull, Marcus), the Court affirmed the denial of the defendant’s motion for a reduced sentence under Section 404 of the First Step Act. The defendant was eligible for a reduced sentence, and his life sentence exceeded the 30-year statutory maximum that applied after [...]

2023-03-23T20:24:28+00:00marzo 23rd, 2023|

United States v. Clowers, No. 20-13074 (Mar. 14, 2023)

In United States v. Clowers, No. 20-13074 (Mar. 14, 2023) (Jill Pryor, Grant, Anderson), the Court affirmed the denial of a motion for reduced sentence under Section 404 of the First Step Act. The Court first agreed with the parties that engaging in a continuing criminal enterprise involving crack under 21 U.S.C. 848 was a [...]

2023-03-15T16:39:59+00:00marzo 15th, 2023|

United States v. Shamsid-Deen, No. 20-11877 (Mar. 6, 2023)

In United States v. Shamsid-Deen, No. 20-11877 (Mar. 6, 2023) (Jill Pryor, Branch, Ed Carnes), the Court, on a government appeal, reversed the district court’s order granting the defendant’s motion to suppress. The defendant was prosecuted under 18 U.S.C. 922(g)(9) for possessing a firearm after having previously been convicted of a “misdemeanor crime of domestic [...]

2023-03-06T22:17:34+00:00marzo 6th, 2023|

United States v. Turner, No. 20-12364 (Mar. 1, 2023)

In United States v. Turner, No. 20-12364 (Mar. 1, 2023) (Rosenbaum, Tjoflat, Moody), the Court affirmed the defendant’s felon in possession conviction. At trial, the defendant raised an insanity defense.  Over the defendant’s objection, the government’s expert psychologist who had evaluated the defendant testified that he was able to appreciate the nature and quality and [...]

2023-03-02T00:13:03+00:00marzo 2nd, 2023|

United States v. Heaton, No. 20-12568 (Feb. 14, 2023)

In United States v. Heaton, No. 20-12568 (Feb. 14, 2023) (Wilson, Jill Pryor, Hull), the Court affirmed Dr. Heaton's convictions. Dr. Heaton was charged with one count of conspiracy to unlawfully distribute and dispense controlled substances, in violation of 21 U.S.C. §§ 841(b)(1)(C), 843, & 846; 102 counts of unlawful dispensing of controlled substances to patients, in violation [...]

2023-02-16T17:59:24+00:00febrero 16th, 2023|
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