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+00:00January 29th, 2024|

United States v. Gatlin, No. 20-14149 (Jan. 5, 2024)

In United States v. Gatlin, No. 20-14149 (Jan. 5, 2024) (Jordan, Luck, Lagoa), the Court reversed Mr. Gatlin's conviction and sentence as to witness tampering, but affirmed his sex trafficking of a minor and production of child pornography convictions and sentences, as well as the restitution order. Mr. Gatlin appealed his convictions and sentences for sex trafficking [...]

2024-01-17T19:16:22+00:00January 17th, 2024|

United States v. Fey, No. 22-11373 (Dec. 28, 2023)

In United States v. Fey, No. 22-11373 (Dec. 28, 2023) (William Pryor, Rosenbaum, Abudu), the Court affirmed the defendants’ convictions for distributing meth and for conspiring to and actually killing a cooperating witness by administering a lethal amount of meth and fentanyl. First, the Court found no reversible Rule 404(b) error. At trial, the government [...]

2024-01-03T19:52:55+00:00January 3rd, 2024|

United States v. Hurtado, No. 21-12702 (Dec. 20, 2023)

In United States v. Hurtado, No. 21-12702 (Dec. 20, 2023) (Grant, Tjoflat, and Ed Carnes), the Court affirmed the defendants’ MDLEA convictions. Judge Tjoflat wrote the opinion for the Court, with the exception of one point, which the other two panel members rejected in a concurrence. First, the Court held that there was jurisdiction over [...]

2023-12-20T19:32:40+00:00December 20th, 2023|

United States v. Sotis, No. 22-10256 (Dec. 20, 2023)

In United States v. Sotis, No. 22-10256 (Dec. 20, 2023) (William Pryor, Marcus, Mizelle (M.D. Fla.)), the Court affirmed the defendant’s convictions for illegally exporting scuba diving equipment to Libya. First, the Court held that the evidence was sufficient that he acted willfully and that he acted in conspiracy with another person. The Court also [...]

2023-12-20T16:29:58+00:00December 20th, 2023|

United States v. McCoy, No. 21-13838 (Dec. 14, 2023)

In United States v. McCoy, No. 21-13838 (Dec. 14, 2023) (Jordan, Newsom, Grimberg (N.D. Ala.)), the Court affirmed the denial of a motion for a reduced sentence under Section 404 of the First Step Act. The Court re-affirmed its prior precedent holding that a defendant is bound by pre-Apprendi, judge-made drug-quantity findings for purposes of [...]

2023-12-18T15:33:16+00:00December 18th, 2023|

United States v. Kincherlow, No. 22-11980 (Dec. 13, 2023)

In United States v. Kincherlow, No. 22-11980 (Dec. 13, 2023) (Jordan, Lagoa, Ed Carnes), the Court affirmed the defendant’s conviction for enticing a minor under 18 U.S.C. 2422(b). First, the Court held that the evidence was sufficient. The Court rejected the defendant’s argument that he did not persuade, induce, coerce, or entice the minor to [...]

2023-12-14T16:09:13+00:00December 14th, 2023|

United States v. Duldulao, No. 20-13973 (Nov. 29, 2023)

In United States v. Duldulao, No. 20-13973 (Nov. 29, 2023) (Jordan, Jill Pryor, Tjoflat), the Court affirmed in part, vacated in part, and remanded in part for a new trial.  This appeal was on remand from the United States Supreme Court in light of Ruan v. United States, 142 S. Ct. 2370 (2022).   It concerns the criminal convictions [...]

2023-12-11T20:35:01+00:00December 11th, 2023|

United States v. Steiger, No. 22-10742 (Nov. 27, 2023)

In United States v. Steiger, No. 22-10742 (Nov. 27, 2023), the Court sua sponte ordered that the appeal be reheard en banc. The panel, in vacating Mr. Steiger's sentence, found itself bound by United States v. Parks, 823 F.3d 990 (11th Cir. 2016).  Chief Judge William Pryor concurred, but urged the Court to rehear the case en banc [...]

2023-11-29T17:02:04+00:00November 29th, 2023|

United States v. Perez, No. 22-10267 (Nov. 14, 2023)

In United States v. Perez, No. 22-10267 (Nov. 14, 2023) (Jordan, Lagoa, Ed Carnes), the Court affirmed Mr. Perez's sentence. While on bond pending trial, Mr. Perez was convicted of two felonies--violating 18 U.S.C. §§ 922(n) and 922(j).  The government informed him that, pursuant to § 18 U.S.C. § 3147, it was going to seek a [...]

2023-11-17T14:54:13+00:00November 17th, 2023|
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