Sessions v. Dimaya (April 17, 2018)

Relying on Johnson, the court, in an opinion by Justice Elena Kagan, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and, in large part, Neil Gorsuch, affirmed the 9th Circuit’s ruling that Section 16(b) is unconstitutionally vague. The court began by noting that to determine whether a person’s conduct falls within the ambit of [...]

2018-04-30T20:57:53+00:00April 30th, 2018|

United States v. Whitman, No. 15-14846 (Apr. 24, 2018)

In United States v. Whitman, No. 15-14846 (Apr. 24, 2018) (William Pryor, Julie Carnes, Antoon), the Court upheld convictions and sentences for bribery, wire fraud, theft, and obstruction stemming the fraudulent procurement of government contracts. One defendant challenged his bribery conviction on the ground that the court erred by failing to instruct the jury that [...]

2018-04-30T18:55:46+00:00April 30th, 2018|

United States v. Maxi, No. 15-13182

In United States v. Maxi, No. 15-13182 (Apr. 5, 2018) (Martin, Jordan, Walker), the Court affirmed the defendants' drug-trafficking convictions. As to one defendant, the Court affirmed the denial of his motion to suppress the search of a duplex.  The Court first concluded that the defendant had standing to challenge the search because, [...]

2018-04-10T14:54:33+00:00April 5th, 2018|

United States v. Carroll, No. 16-16652

In United States v. Carroll, No. 16-16652 (Apr. 5, 2018) (Wilson, Dubina, Goldberg), the Court affirmed in part and reversed in part the defendant's child pornography convictions. First, the Court concluded that a warrant affidavit supported the conclusion that there was probable cause to believe that child pornography would be found in the [...]

2018-04-10T14:50:35+00:00April 5th, 2018|

United States v. Harris, No. 16-17646

In United States v. Harris, No. 16-17646 (Jill Pryor, Hull, Proctor) (Apr. 2, 2018), the Court affirmed the defendant's witness tampering and obstruction convictions over four evidentiary challenges. First, the Court rejected the defendant's Rule 403 argument that it was unduly prejudicial for the government to introduce evidence of a murder for which [...]

2018-04-10T14:58:21+00:00April 2nd, 2018|

United States v. Lee, No. 16-16590

In United States v. Lee, No. 16-16590 (Apr. 2, 2018) (Martin, Jordan, Ginsburg) (per curiam), the Court re-affirmed its many circuit precedents holding that Florida robbery -- of all varieties and all years of conviction -- satisfies the elements clause of the ACCA and Sentencing Guidelines.   The panel recognized that the defendant's [...]

2018-04-10T14:55:39+00:00April 2nd, 2018|

United States v. Green, No. 14-12830

In United States v. Green, No. 14-12830 (Sept. 29, 2017) (Julie Carnes, Jordan, Robreno), the Court revised its earlier panel opinion from December 2016 in light of the recent en banc decision in Vail-Bailon. Relying on Vail-Bailon, it held that the defendant's Florida felony battery conviction satisfied the elements clause.  The panel removed [...]

2018-03-06T22:04:37+00:00September 29th, 2017|

Griffith v. United States, No. 15-11877

In Griffith v. United States, No. 15-11877 (Sept. 26, 2017) (Ed Carnes, Rosenbaum, Dubina), the Court concluded that the district court erred by failing to hold an evidentiary hearing a 2255 motion alleging ineffective assistance of counsel. The motion alleged that trial counsel was ineffective by failing to argue that some waste materials [...]

2018-03-06T22:05:34+00:00September 26th, 2017|

Beeman v. United States, No. 16-16710

In Beeman v. United States, No. 16-16710 (Sept. 22, 2017) (Julie Carnes, Edmondson, Kathleen Williams), the Court held that an initial 2255 movant bringing an ACCA Johnson claim failed to meet his burden of proof, because he could not prove that it was more likely than not that the sentencing court relied on [...]

2018-03-06T22:06:22+00:00September 22nd, 2017|
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