United States v. Wheeler, No. 17-15003 (Oct. 21, 2021)

In United States v. Wheeler, No. 17-15003 (Oct. 21, 2021) (Wilson, Lagoa, Brasher) (per curiam), the Court reversed a judgment of acquittal for two defendants and affirmed the convictions and sentences for three defendants involved in a telemarketing scheme that tricked investors into making stock purchases. First, notwithstanding the district court’s judgment of acquittal, the [...]

2021-10-22T15:19:33+00:00October 22nd, 2021|

United States v. Perry, No. 16-11358 (Sept. 29, 2021)

In United States v. Perry, No. 16-11358 (Sept. 29, 2021) (Grant, Marcus, Axon (N.D. Ala.)), the Court affirmed the defendants' convictions and sentences. Defendants were indicted on numerous charges related to their involvement in a multi-year, multi-state drug distribution organization--namely, conspiracy to possess with intent to distribute in excess of 5kg of cocaine and in excess of [...]

2021-09-29T19:33:45+00:00September 29th, 2021|

United States v. Tinker, No. 20-14474 (Sept. 28, 2021)

In United States v. Tinker, No. 20-14474 (Sept. 28, 2021) (Wilson, Newsom, Branch) (per curiam), the Court held that a district court does not procedurally err when it denies a request for compassionate release based on the 18 U.S.C. 3553(a) sentencing factors (or U.S.S.G. 1B1.13's policy statement) without first explicitly determining whether the defendant could present [...]

2021-09-29T16:56:21+00:00September 29th, 2021|

Somers v. United States, No. 19-11484 (Sept. 28, 2021)

In Somers v. United States, No. 19-11484 (Sept. 28, 2021) (Jill Pryor, Anderson, and Marcus), the Court granted the petition for rehearing, vacated its previous opinion and judgment, substituted this opinion in its place, and certified to the Florida Supreme Court the following two questions about the nature of Florida's assault statutes: Does the first element of [...]

2021-09-29T16:54:35+00:00September 29th, 2021|

United States v. Watkins, No. 18-14336 (Sept. 16, 2021)

In United States v. Watkins, No. 18-14336 (Sept. 16, 2021) (Luck, Ed Carnes, Marcus), on remand from the en banc Court, the Court reversed and remanded to the district court for further proceedings. The Court originally reversed the district court's order granting the defendant's motion to suppress on the government's interlocutory appeal.  Though the government conceded that [...]

2021-09-16T20:23:17+00:00September 16th, 2021|

United States v. Braddy, No. 19-12823 (Aug. 31, 2021)

In United States v. Braddy, No. 19-12823 (Aug. 31, 2021) (Rosenbaum, Lagoa, Ed Carnes), the Court affirmed the denial a motion to suppress. First, the Court held that the officer had reasonable suspicion make the traffic stop after observing bicycles obstructing the car’s Florida license plate.  The defendant argued that Alabama traffic law did not [...]

2021-09-01T14:47:20+00:00September 1st, 2021|

In re: Sealed Searched Warrant and Application for a Warrant by Telephone or Other Reliable Electronic Means (United States v. Korf et al.), No. 20-14223 (Aug. 30, 2021)

In In re: Sealed Searched Warrant and Application for a Warrant by Telephone or Other Reliable Electronic Means (United States v. Korf et al.), No. 20-14223 (Aug. 30, 2021) (Martin, Rosenbaum, Luck) (per curiam), the Court upheld the denial of a motion to enjoin the use of a government filter team. The government executed a [...]

2021-09-01T14:47:50+00:00September 1st, 2021|

Mitchell v. Duvall County et al., No. 19-14505 (Aug. 26, 2021)

In Mitchell v. Duvall County et al., No. 19-14505 (Aug. 26, 2021) (Branch, Grant, Tjoflat), the Court re-affirmed that it clearly violates the First Amendment for prison officials to open an inmate’s legal mail outside of his presence. https://media.ca11.uscourts.gov/opinions/pub/files/201914505.pdf http://defensenewsletter.blogspot.com/

2021-08-27T15:44:00+00:00August 27th, 2021|

United States v. Watkins, No. 18-14336 (Aug. 20, 2021)

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 [...]

2021-08-24T14:37:23+00:00August 24th, 2021|
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