United States v. Williams, No. 19-11972 (July 23, 2021)

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 [...]

2021-07-26T18:08:03+00:00July 26th, 2021|

United States v. Dudley, No. 19-10267 (July 22, 2021)

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 [...]

2021-07-26T18:05:49+00:00July 26th, 2021|

United States v. Moss, 17-10473 (July 22, 2021)

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 [...]

2021-07-26T18:03:23+00:00July 26th, 2021|

United States v. Carrasquillo, 19-14143 (July 14, 2021)

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 [...]

2021-07-15T16:04:19+00:00July 15th, 2021|

 United States v. Colston, No. 19-13518 (July 13, 2021)

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 [...]

2021-07-14T16:25:19+00:00July 14th, 2021|

 United States v. Stancil, 19-12001 (July 13, 2021)

In United States v. Stancil, 19-12001 (July 13, 2021) (Branch, Grant, Tjoflat), the Court affirmed the defendant's ACCA-enhanced conviction and sentence for being a felon in possession of a firearm.   Defendant was pulled over for speeding one night.  When officers approached his car, they saw him reach down several times.  They also smelled marijuana when defendant lowered [...]

2021-07-14T16:23:54+00:00July 14th, 2021|

 United States v. Phillips, No. 18-11737 (July 13, 2021)

In United States v. Phillips, No. 18-11737 (July 13, 2021) (Jill Pryor, Grant, Royal (MD Ga)), the Court affirmed in part and vacated in part defendant's convictions relating to child pornography. Defendant was charged with, and convicted of: (1) knowingly and intentionally using, persuading, inducing, and enticing a minor to engage in sexually explicit conduct for the [...]

2021-07-14T16:21:29+00:00July 14th, 2021|

United States v. Leonard, No. 19-14142 (July 8, 2021)

In United States v. Leonard, No. 19-14142 (July 8, 2021) (Martin, Grant, Brasher), the Court held that an indictment's failure to set out an element of the offense does not warrant an automatic presumption of prejudice to the defendant.  Any such error is subject to the harmless-error inquiry. Defendant was indicted for being a felon in possession [...]

2021-07-13T15:17:45+00:00July 13th, 2021|

United States v. Matthews, No. 20-10554 (July 6, 2021)

In United States v. Matthews, No. 20-10554 (July 6, 2021) (Wilson, Rosenbaum, Ed Carnes), the Court affirmed the defendant's 57-month sentence for making false statements to a firearms dealer. Defendant objected to the application of enhancements for (1) an offense involving a semiautomatic firearm that is capable of accepting a large capacity magazine, and (2) having [...]

2021-07-13T15:15:53+00:00July 7th, 2021|

Pitts v. United States, No. 18-12096 (July 6, 2021)

In Pitts v. United States, No. 18-12096 (July 6, 2021) (Luck, Ed Carnes, Marcus), the Court affirmed the denial of Pitts's  Johnson-based second or successive § 2255 motion. Pitts was sentenced as an armed career criminal based upon the following prior convictions: (1) a 1978 California conviction for robbery with a firearm; (2) a 1982 California conviction for robbery [...]

2021-07-13T15:16:17+00:00July 7th, 2021|
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