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 [...]
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 [...]
In United States v. McCall, No. 21-13092 (Oct. 27, 2023) (Rosenbaum, Branch, Brasher), the Court affirmed the denial of Mr. McCall's motion to suppress. The Court considered how the exclusionary rule's good faith exception applies to the search of a cloud storage account. The warrant in question--for Mr. McCall's iCloud account--permitted a search of almost all of [...]
In United States v. Pate, No. 20-10545 (Oct. 11, 2023), the en banc Court--in an opinion authored by Judge Newsom--vacated Mr. Pate's § 1521 convictions and remanded for resentencing. Mr. Pate filed liens against property owned by a number of people he thought wronged him, including a former Commissioner of the IRS and a former Secretary [...]
In United States v. Dunn, No. 22-11731 (Oct. 10, 2023) (Jordan, Rosenbaum, Hull), the Court affirmed the denial of Mr. Dunn's motion to dismiss his indictment. Mr. Dunn was arrested on a criminal complaint at the start of the COVID-19 pandemic--on March 10, 2020--but was not formally indicted until December 1, 2020. He argued that the district [...]
In United States v. Steiger, No. 22-10742 (Oct. 3, 2023) (William Pryor, Jill Pryor, Coogler (N.D. Ala.)), the Court vacated Mr. Steiger's sentence and remanded for resentencing. Mr. Steiger appealed his sentence of 20 years' imprisonment following the revocation of his probation. The Guidelines recommended a sentence of 12 to 18 months imprisonment. The Court vacated and remanded [...]
In United States v. Robinson, No. 22-10949 (Sept. 28, 2023) (Jordan, Rosenbaum, Newsom), the Court vacated the defendant’s contempt conviction for violating a civil injunction against a stun-gun company. The Court concluded that the evidence was insufficient that the defendant was bound by the injunction under Federal Rule of Civil Procedure 65. Most notably, the [...]
In Jones v. United States, No. 20-13365 (Sept. 14, 2023) (Wilson, Luck, Lagoa), the Court directed the district court to dismiss a second 2255 motion for lack of jurisdiction. Jones filed a 2255 motion to vacate his mandatory life sentence under 3559, arguing that its residual clause was unconstitutionally vague in light of the Supreme [...]
In United States v. Graham, No. 22-11809 (Grant, Tjoflat, Ed Carnes) (Sept. 8, 2023), the Court affirmed the defendant’s conviction (and granted the government’s motion to publish this previously-unpublished opinion). The defendant moved to dismiss the indictment because, pursuant to the Southern District of Georgia’s covid protocols in place during the summer of 2020, the [...]
In United States v. Talley, No. 22-13921 (Sept. 7, 2023) (Wilson, Grant, Brasher), the Court vacated the district court’s judgment revoking supervised release. The defendant committed the supervised release violation after the term of supervision had lapsed but while he was a fugitive from justice. The Court held that the district court erred in tolling [...]