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8, 2023), the Court affirmed the defendant’s conviction (and granted the government’s motion to publish this previously-unpublished opinion).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 [...]
In United States v. Beach, No. 21-11342 (Aug. 30, 2023) (Luck, Lagoa, Tjoflat), the Court affirmed Mr. Beach's conviction. Mr. Beach was convicted of tampering with a witness, in violation of 18 U.S.C. § 1512(a)(2)(A). He appealed his conviction on the ground that the evidence was insufficient to convict him of the offense in 3 respects: (1) the alleged [...]
In United States v. Wiley, No. 22-10179 (Aug. 29, 2023) (Jill Pryor, Grant, Maze (N.D. Ala.)), the Court affirmed Mr. Wiley's convictions. Mr. Wiley was charged with one count of conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a); five counts of aiding and abetting Hobbs Act robbery, in violation of 18 U.S.C. [...]
In United States v. Curtin, No. 22-10509 (Aug. 28, 2023) (Wilson, Newsom, Luck), the Court affirmed Mr. Curtin's convictions and 60-month sentence. Mr. Curtin was convicted of (1) mailing a threatening communication, in violation of 18 U.S.C. § 876(c), and (2) threatening a federal official, in violation of 18 U.S.C. § 115(a)(1)(B). First, Mr. Curtin challenged the sufficiency of [...]
In United States v. Gladden, No. 21-11621 (Aug. 17, 2023) (Wilson, Jill Pryor, Covington (M.D. Fla.)), the Court affirmed as to Ms. Linton, and affirmed in part, vacated in part, and remanded as to Mr. Gladden. Ms. Linton and Mr. Gladden were convicted of conspiracy to commit health care fraud and mail fraud, and the substantive offenses of [...]
In United States v. Bird, No. 22-10947 (Aug. 17, 2023) (Wilson, Newsom, Lagoa), the Court affirmed Mr. Bird's convictions for structuring. Mr. Bird was convicted of illegally structuring two separate land-sale contract payments of around $270,000 each. On appeal, he challenged the sufficiency of the evidence to support his convictions as well as a jury instruction. [...]
In Caldwell v. United States, No. 19-15024 (Aug. 16, 2023) (William Pryor, Jill Pryor, Coogler (N.D. Ala.), a consolidated appeal, the Court vacated one of Mr. Caldwell's convictions and his sentence due to an intervening precedent, but otherwise affirmed the convictions and sentences of the other defendants. Defendants--alleged members of the Gangster Disciples gang--were charged with [...]
In United States v. Lopez, No. 21-12709 (Aug. 7, 2023) (William Pryor, Jill Pryor, Grant), the Court, in the immigration context, held that a violation of 18 U.S.C. § 1956(a)(1)(B) is not categorically a crime of moral turpitude. In so holding, the Court applied the categorical approach. It noted that when an individual has been convicted of [...]
In United States v. Moore, No. 21-12291 (Aug. 11, 2023) (Lagoa, Brasher, Ed Carnes), the Court affirmed Mr. Moore's conviction and sentence. Mr. Moore was charged with one count of being a felon in possession of a firearm. He proceeded to trial and asserted a justification defense. He was found guilty and sentenced to 80 months imprisonment. [...]