United States v. Moss, No. 19-14548 (Apr. 12, 2022)

In United States v. Moss, No. 19-14548 (Apr. 12, 2022) (William Pryor, Luck, Ed Carnes), the Court affirmed Mr. Moss's convictions, sentence, and restitution amount. Mr. Moss was charged with one count of conspiracy to commit health care fraud, in violation of 18 U.S.C. §  1349, and six counts of health care fraud, in violation of 18 U.S.C. §  [...]

2022-04-13T17:09:27+00:00April 13th, 2022|

United States v. Sanchez, No. 19-14002 (Apr. 5, 2022)

In United States v. Sanchez, No. 19-14002 (Apr. 5, 2022) (Branch, Grant, Ed Carnes), the Court affirmed Mr. Sanchez's convictions and sentence. Mr. Sanchez was charged with two counts of enticing a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b); two counts of enticing a minor to engage in sexually explicit conduct in [...]

2022-04-06T15:06:20+00:00April 6th, 2022|

United States v. Williams, Case No. 18-13890 (Mar. 30, 2022)

In United States v. Williams, Case No. 18-13890 (Mar. 30, 2022) (Jordan, Jill Pryor, Tjoflat), the Court affirmed the district court because it found that Mr. Williams had forfeited any arguments under which the Court could grant relief on appeal. Mr. Williams, a sovereign citizen, wanted to represent himself before the district court.  The district court held [...]

2022-04-01T13:56:23+00:00April 1st, 2022|

Said v. U.S. Att’y Gen., 21-12917 (Mar. 24, 2022)

In Said v. U.S. Att'y Gen., 21-12917 (Mar. 24, 2022) (Jordan, Newsom, Tjoflat), the Court held that a violation of Fla. Stat. § 893.13(6)(a)--the Florida marijuana possession statute--did not relate to a controlled substance, as defined in 21 U.S.C. § 802, and thus did not prevent Mr. Said from accruing the necessary seven-year period of continuous residence for his [...]

2022-03-25T21:42:09+00:00March 25th, 2022|

United States v. Lee, 20-13505 (Mar. 21, 2022)

In United States v. Lee, 20-13505 (Mar. 21, 2022) (Lagoa, Brasher, Tjoflat), the Court affirmed the defendant’s conviction under 18 U.S.C. 2251(a) over a double jeopardy challenge. The defendant sent text messages to a minor requesting sexually explicit images.  The defendant was originally charged with violating 2251(d), and a jury convicted him.  Shortly thereafter, however, [...]

2022-03-21T20:30:31+00:00March 21st, 2022|

 United States v. Dupree, Case No. 19-13776 (Feb. 18, 2022)

In United States v. Dupree, Case No. 19-13776 (Feb. 18, 2022), the Court agreed to rehear Mr. Dupree's appeal en banc, vacating the panel's prior unpublished opinion.  The panel, in affirming Mr. Dupree's sentence, found itself bound by the Court's opinion in United States v. Weir, 51 F.3d 1031 (11th Cir. 1995). The issue raised concerns whether [...]

2022-02-18T17:56:43+00:00February 18th, 2022|

United States v. Campbell, Case No. 16-10128 (Feb. 16, 2022)

In United States v. Campbell, Case No. 16-10128 (Feb. 16, 2022), the en banc Court--in an opinion authored by Judge Tjoflat--considered whether the good-faith exception to the exclusionary rule is a proper ground for affirming Mr. Campbell's conviction despite the government's failure to raise that alternative ground before the panel, and answered in the affirmative.  The [...]

2022-02-18T17:54:55+00:00February 18th, 2022|

 United States v. Dennis, Case No. 21-10316 (Feb. 16, 2022)

In United States v. Dennis, Case No. 21-10316 (Feb. 16, 2022) (William Pryor, Jordan, Anderson), the Court affirmed Ms. Dennis's revocation sentence. The issue addressed on appeal concerned the notice that a probationer must receive before her probation can be revoked.  Ms. Dennis was serving a sentence of 24 months probation when probation filed a petition [...]

2022-02-16T21:12:09+00:00February 16th, 2022|

United States v. Williams, Case No. 20-14187 (Feb. 15, 2022)

In United States v. Williams, Case No. 20-14187 (Feb. 15, 2022) (Wilson, Luck, Lagoa), the Court affirmed the denial of Mr. Williams's motion for a sentence reduction under § 404 of the First Step Act, finding that he was not sentenced for a covered offense. Mr. Williams pleaded guilty to one count of distribution of unspecified amounts [...]

2022-02-15T20:06:01+00:00February 15th, 2022|

Washington v. Durand, Case No. 20-12148 (Feb. 7, 2022)

In Washington v. Durand, Case No. 20-12148 (Feb. 7, 2022) (William Pryor, Lagoa, Schlesinger (M.D. Fla.)), the Court, in a 42 U.S.C. § 1983 case, addressed whether an officer must release a suspect detained pursuant to a valid arrest warrant when the officer learns of possibly exculpatory evidence.   Here, during the investigation of the murder of an [...]

2022-02-10T22:55:23+00:00February 10th, 2022|
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